NY Pub Health L § 1399-MM-1 (2021)
2021 New York Laws PBH - Public Health Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors 1399-MM-1 - Sale of Flavored Products Prohibited.

§ 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes   of  this  section  "flavored"  shall  mean any vapor product intended or   reasonably expected to be used with or for the consumption of  nicotine,   with  a distinguishable taste or aroma, other than the taste or aroma of   tobacco, imparted either prior to or during consumption of such  product   or  a  component  part  thereof,  including but not limited to tastes or   aromas relating to any fruit, chocolate, vanilla, honey,  candy,  cocoa,   dessert,  alcoholic beverage, mint, wintergreen, menthol, herb or spice,   or  any  concept  flavor  that  imparts  a  taste  or  aroma   that   is   distinguishable from tobacco flavor but may not relate to any particular   known flavor. A vapor product intended or reasonably expected to be used   with  or  for  the  consumption  of  nicotine,  shall  be presumed to be   flavored if a product's  retailer,  manufacturer,  or  a  manufacturer's   agent or employee has made a statement or claim directed to consumers or   the  public,  whether  expressed or implied, that such product or device   has a distinguishable taste or aroma other than the taste  or  aroma  of   tobacco.2.  No  vapor  products  dealer,  or  any agent or employee of a vapor   products dealer, shall sell or offer for sale at retail in the state any   flavored vapor product intended or reasonably expected to be  used  with   or for the consumption of nicotine.3.  Any  vapor  products  dealer,  or any agent or employee of a vapor   products dealer, who violates the provisions of this  section  shall  be   subject to a civil penalty of not more than one hundred dollars for each   individual  package  of  flavored  vapor  product intended or reasonably   expected to be used with or for the  consumption  of  nicotine  sold  or   offered   for   sale,   provided,   however,  that  with  respect  to  a   manufacturer, it shall  be  an  affirmative  defense  to  a  finding  of   violation  pursuant  to this section that such sale or offer of sale, as   applicable, occurred without the knowledge, consent,  authorization,  or   involvement,  direct  or  indirect,  of such manufacturer. Violations of   this section shall be enforced  pursuant  to  section  thirteen  hundred   ninety-nine-ff  of  this  article,  except  that any person may submit a   complaint to an enforcement officer that a violation of this section has   occurred.4. The provisions of  this  section  shall  not  apply  to  any  vapor   products  dealer,  or  any agent or employee of a vapor products dealer,   who sells or offers for sale, or who possess  with  intent  to  sell  or   offer  for  sale,  any  flavored  vapor  product  intended or reasonably   expected to be used with or for the consumption  of  nicotine  that  the   U.S.  Food  and  Drug Administration has authorized to legally market as   defined under 21 U.S.C. § 387j and that has received a premarket  review   approval order under 21 U.S.C. § 387j(c) et seq.