Lawmakers tackle “epidemic” of vaping at schools

The days of smoking cigarettes behind the bleachers during homeroom may be over, but the threat of vaping persists for children and parents in New York. The state Department of Health called vaping an “epidemic” in a report earlier this month noting that it predominantly affects youth. Now a bipartisan group of state lawmakers are hoping to address the issue through a new bill. 

State Sen. Monica Martinez and Assembly Member Charles Fall are sponsoring legislation that would prohibit the sale of vape products that target children or resemble toys or school supplies. The pair said at a press conference on Monday that with nicotine addiction so pernicious it was important to safeguard the health of New York’s youth. 

“I recognize that these devices are not specifically designed to attract the attention of children, but are also easily disguised as regular classroom supplies that you see every single day in our classrooms that are being used by our students,” Martinez said, displaying examples of the products as she spoke.  “In a school setting, these products may inadvertently normalize vaping and tell our kids it's okay to do this when it is not okay.”

Some of the products had fruity flavors or looked like highlighters. In other cases, they were emblazoned with cartoon illustrations. 

She said businesses caught selling the products would face a $1,500 fine and then a $2,500 fine each time thereafter. New York has fought back against vaping before. Last April, New York received a $112.7 million settlement from JUUL as part of a class-action lawsuit. It was alleged that JUUL marketed its products to children via advertising strategies and flavor offerings. 

According to a 2023 study from Drugwatch, New York ranks 25th in teen vaping with 22.4% of its children blowing vapor. Studies have shown that childhood use of vapes or e-cigarettes can alter brain development or lead to “popcorn lung” – a scarring of the lung's small airways. 

Matt DeLaus, governmental relations representative for the New York State School Boards Association, said that school boards across the state have tried countless ways to stem teen vaping. Between holding assemblies to tell kids about the risks, installing vape detectors in bathrooms and hallways and adopting new health curricula DeLaus said, “It’s not enough.” 

Fall said he was optimistic the bill would pass this session and that a core pillar of protecting New York’s future was protecting the future of its student’s lungs. 

“Many of those kids in those schools will run this state,” he said. “When you see the intention that some people have in creating something that's geared toward kids, it's a problem.”