WHITE PLAINS, NY (October 23, 2025) — A Westchester County proposal to close a loophole in New York state’s ban on flavored nicotine vaping products was announced at the Board of Legislators meeting Monday night.
The measure would presume that flavored vape products found in a store are for sale unless the retailer proves otherwise. New York banned the sale of flavored vaping products in 2020 to protect young people, but some stores have sidestepped the law by claiming they are only storing the products to sell in other states.

Legislator Jewel Williams Johnson, D-Elmsford, Greenburgh, Tarrytown and White Plains, is spearheading the proposed legislation.
“This measure will address how flavored vapes are stored in retail establishments, setting clear conditions so owners must prove any claimed out-of-state internet sales and ensuring these products aren’t sitting on-site as an open invitation to youth,” Johnson said.
She added: “Our message is simple: if you profit from nicotine, you must keep it away from children—period. This is intended to put public health first, cut through loopholes, and help safeguard the futures of Westchester’s young people.”
Under the proposal, the Westchester County Department of Health would gain stronger enforcement tools for the state ban. Retailers could still demonstrate that the products are legitimately for out-of-state sales by showing proper setup and compliance with all other laws.
The proposal has been referred to the board’s Committees on Legislation and Human Services for review.
This article was drafted with the aid of Grok, an AI tool by xAI, under the direction and editing of Robert Cox to ensure accuracy and adherence to journalistic standards.
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