New York Senate Bill 902, introduced on January 8, 2025, aims to regulate the sale and distribution of vapor products within the state. The bill mandates that all manufacturers of vapor products provide a sworn attestation to the New York Attorney General, certifying that their products were on the market as of August 8, 2018, and that they have applied for or received the necessary marketing orders from the U.S. Food and Drug Administration (FDA).

Key provisions of the bill include the establishment of a vapor product directory, which will list all compliant manufacturers and their products. This directory will be maintained on the Attorney General's website, ensuring transparency and accessibility for consumers and retailers. The bill imposes penalties for violations, categorizing a first offense as a class A misdemeanor and subsequent offenses as class E felonies.

The legislation seeks to address growing public health concerns regarding the safety and regulation of vapor products, which have surged in popularity in recent years. By requiring manufacturers to certify their products' compliance with federal regulations, the bill aims to reduce the circulation of unregulated or potentially harmful vapor products in New York.

Debate surrounding the bill has focused on its potential impact on the vaping industry and public health. Supporters argue that the bill is a necessary step to protect consumers and ensure that only safe products are available on the market. Critics, however, express concerns about the burden it may place on small manufacturers and the potential for increased black market activity if legal products become harder to obtain.

The economic implications of Senate Bill 902 could be significant, as it may reshape the landscape of the vapor product market in New York. Experts suggest that while the bill may enhance consumer safety, it could also lead to higher prices and reduced availability of certain products.

As the bill progresses through the legislative process, its future remains uncertain. Stakeholders from both sides of the debate are closely monitoring developments, anticipating potential amendments and further discussions that could influence its final form. If enacted, the bill is set to take effect 180 days after becoming law, marking a pivotal moment in New York's approach to vapor product regulation.