2023 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.