New York City flooded with illegal flavored e-cigarettes from China: Study

Metro

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by Karl Campanile

New York City banned the sale of e-cigarettes in 2020 to prevent young people from becoming addicted to nicotine, but large quantities of illegal flavored e-cigarettes made in China have been circulating in the city since then, according to a new study.

Atria, which sells legal disposable e-cigarettes under the brand name “Njoy”, commissioned market research group WSPM to study more than 100 locations and neighbourhoods across the city’s five administrative districts.

The workers collected empty bags discarded on the streets and from trash cans from February 1 to March 21 of this year.

Of the 2,000 samples of discarded e-cigarettes collected, 99% were exported from China and 99% were flavoured, which is illegal.

An investigation obtained by The Washington Post found that half of the discarded packs recalled were e-cigarettes made by China-based Air Bar Disposables.

Other discarded e-cigarette brand boxes found included EBCreate (6.8% of the total), BREEZE SMOKE (5.3%), and LAVA Plus (4.6%).

“This investigation shows that illegal flavored disposable e-cigarettes are proliferating across the state, including brands known to be most popular with kids,” Altria spokesman David Sutton said.

“We strongly support stronger enforcement efforts in New York to remove these illegal products from the market,” he added.

Illegal sales have taken away much of the legal market from companies that play by the rules, such as Altria and convenience stores that sell licensed e-cigarettes.

The study collected samples of discarded e-cigarette packs from 82 zip codes and 106 locations across New York City, including 612 in Brooklyn, 510 in Queens, 380 in Manhattan, 368 in the Bronx and 150 on Staten Island, but industry experts say the problem is much more widespread.

“The issue of e-cigarettes being banned in the city isn’t just a state issue. It’s a statewide issue,” said Kent Sopris, president of the New York State Association of Convenience Stores.

“You can’t ban a product without an enforcement mechanism. They haven’t done anything with e-cigarettes. I don’t know why,” Sopris said.

As part of a crackdown on illegal marijuana stores, the city’s sheriff’s department and New York Police Department discovered that some of the illegal operators were also selling banned flavored e-cigarettes.

Sopris said he hopes law enforcement and cannabis regulators will also make enforcing the ban on illegal e-cigarettes a priority.

A majority of Empire State residents said government officials are doing a weak job enforcing the flavored e-cigarette ban, according to a NYSACS poll released earlier this year.

Federal regulators also sent warning letters last year to Chinese companies that make two popular flavored disposable e-cigarette products: Shenzhen Innokin Technology Co., which makes Esco Bars products, and Breeze Smoke Co., which imports and sells Breeze products.

“These companies manufactured, distributed, and imported unauthorized tobacco products into the United States,” the FDA said.

“The science is clear: the vast majority of youth who use e-cigarettes report that the products they use are disposable and flavored,” said Brian King, director of the FDA’s Center for Tobacco Products.

“Given their popularity with youth, these products are a priority for FDA compliance and enforcement actions.”

A spokesman for Adams said the administration is working on the matter.

“We are facing an epidemic of e-cigarette and vape use among our youth, and we will not stand idly by while manufacturers and wholesalers supply the City with illegal and harmful products that target our most vulnerable New Yorkers: our children,” a City Hall spokesperson said.

“The City has already taken action against 15 wholesalers for their involvement in the illegal sale of flavored disposable e-cigarettes, and yesterday the Sheriff’s Office and NYPD busted a major wholesaler that was distributing millions of dollars’ worth of illegal e-cigarette products from overseas wholesalers that were being sold in liquor stores, tobacco shops and other retail establishments across the city. We know where these illegal products are coming from and we are working to stop it.”

“Protecting public safety means protecting the health of New Yorkers, including our most vulnerable children, and my Administration is committed to enforcing the law regarding the illegal sale of e-cigarettes,” Governor Adams said in announcing the lawsuit last month.

“We will not stand by and watch this greedy, harmful and clearly illegal behavior continue.”

Gov. Kathy Hawkle’s office did not respond to The Washington Post’s request for comment.