“This dire situation is a direct result of states and the federal government’s failure to enact policies called for in the report, such as increased tobacco taxes and stronger federal oversight of tobacco products, including e-cigarettes,” the organization said in a media release sent out this week.

According to the ALA, this year’s report finds New York saw some progress with its grade in the minimum age category going from an F to an A, but the state maintained a failing grade for Tobacco Prevention and Control Program Funding for providing only 20.9% of the CDC recommended level of funds.

As a result, ALA officials are calling on New York State to increase funding for the program, as well as increase tobacco taxes and prohibit the sale of all flavored tobacco products in order to support public health and save lives in 2020.

“The need for New York State to take action to protect youth from all tobacco products, including e-cigarettes, is more urgent than ever, with the youth vaping epidemic continuing its alarming rise to 27.5% or more than one in four high school students,” the group said. “This is a staggering 135% increase in high school e-cigarette use in just the past two years, and close to three million more kids started vaping in that time period, setting them up for a lifetime of addiction.”

The 18th annual “State of Tobacco Control” report grades states and the federal government on policies proven to prevent and reduce tobacco use. In New York, while adult tobacco use and smoking rates did see slight declines, the report finds that elected officials must do more to save lives, combat the youth tobacco epidemic, and ensure all New York residents benefit from reductions in tobacco use and exposure to secondhand smoke.

New York State’s Grades:

• Funding for State Tobacco Prevention Programs – Grade F
• Strength of Smokefree Workplace Laws – Grade A
• Level of State Tobacco Taxes – Grade B
• Coverage and Access to Services to Quit Tobacco – Grade C
• Minimum Age of Sale for Tobacco Products to 21 – Grade A

The American Lung Association encourages New York State to put in place all the public policies called for in “State of Tobacco Control,” and in particular, this year’s report noted the need to focus on increasing funding for tobacco prevention and quit smoking programs. An investment in prevention is especially important given the skyrocketing number of youth who are vaping. “

Despite New York receiving $1.9 billion from tobacco settlement payments and tobacco taxes, the state funds tobacco control efforts at only 20.9% of the level recommended by the Centers for Disease Control and Prevention (CDC). The American Lung Association believe the funds should be used to support the health of our communities, and to prevent tobacco use and help smokers and e-cigarette users quit,” said ALA Director of Advocacy ElizabethHamlin.

According to the Albany Times-Union, the decision by acting state Supreme Court Justice Catherine Cholakis noted the devastating impact the emergency order would have on the vaping industry while also acknowledging the real threat that vaping has had on public health.

But Cholakis found that the state had overstepped its authority and that the regulation of the vaping industry and flavored e-cigarettes in particular should be handled by the Legislature.

The vaping industry, which sought an injunction keeping the state from enforcing the order and declaring it unconstitutional, had argued that losing the case would have resulted in the shuttering of many of their businesses across the state.

Letitia James

ALBANY – New York has joined the ranks of states suing the nation’s biggest e-cigarette maker, Juul Labs Inc., saying the company used deceptive marketing practices to reel in young users.

Attorney General Letitia James announced the lawsuit Tuesday against San Francisco-based Juul Labs Inc. It alleges the company contributed to a youth vaping epidemic using misleading sales tactics on popular social media sites.
The suit also alleges that Juul advertising touted e-cigarettes, which contain nicotine, as a safer alternative to traditional cigarettes.

“There can be no doubt that JUUL’s aggressive advertising has significantly contributed to the public health crisis that has left youth in New York and across the country addicted to its products,” said James. “By glamorizing vaping, while at the same time downplaying the nicotine found in vaping products, JUUL is putting countless New Yorkers at risk. I am prepared to use every legal tool in our arsenal to protect the health and safety of our youth.”

In the latest government survey, one in four high school students reported using e-cigarettes the previous month, despite federal law banning sales to those under 18.

• AUDIO ALSO AVAILABLE AT WRFA SOUNDCLOUD

The Chautauqua County Legislature voted 10 to 8 in favor of a motion supporting a state legislature proposal calling for a statewide ban on the sale of flavored e-liquids for use in e-cigarettes. However, the motioned required a super majority vote, so it did not receive the minimum number of votes needed to pass.

The vote came after Jamestown resident and Yeti Vape Vice President Brian Ellis spoke to lawmakers regarding his concerns for the ban as written while also offering alternative ideas and solutions to address the concerns brought forward by public health officials at both the local and statewide levels.

At least one lawmaker based their vote on Ellis’s comments. Legislator Terry Niebel (R-District 5) said he had planned to vote in support of the motion but changed his mind after listening to Ellis.

Ellis also told WRFA following the meeting that a group of vape businesses that sell e-liquids is suing New York State due to the governors ban on flavored e-liquids and e-cigarettes, declaring the ban necessary as a public health measure. He said an injunction has been requested and a state court will have to rule on a temporary injunction request in the next two days.

Brian Ellis, Jamestown resident and vice president of Yeti Vape, spoke to the Chautauqua County Legislature on Sept. 25, 2019.

Gov. Andrew Cuomo

ALBANY – Governor Andrew Cuomo announced an emergency executive action to ban the sale of flavored electronic cigarettes in New York State – the latest in a series of actions to combat the increasing number of youth using vape products, largely driven by e-cigarette companies the governor says is marketing flavors that are intended to get children addicted to nicotine.

The state health commissioner will hold an emergency meeting with the Public Health and Health Planning Council this week to ban flavored e-cigarettes.

The Governor also directed State Police and State Department of Health to immediately partner to ramp up enforcement efforts against retailers who sell to underage youth, with the possibility of criminal penalties.

Finally, the Governor announced he will advance legislation to ban deceptive marketing of e-cigarettes to teens and children.

The American Lung Association was critical of the governor’s announcement saying it doesn’t go far enough. The organization says the action does not apply to menthol flavored e-cigarettes, which with mint flavored e-cigarettes are favored by a majority of high school students.

According to the latest National Tobacco Youth Survey, e-cigarette use soared by another 32 percent among high school students from 2018-2019 -showing that 27.5 percent of high school users have used e-cigarettes in the last month. 63.9 percent of these users report using mint or menthol flavors in the last month.

According to the Albany Times-Union, there have been 27 cases of severe respiratory illness associated with e-cigarette use reported in New York since June, with more than 200 possible cases of vaping-related illness reported nationwide during the same time period.

The illness is severe: A person in Illinois died last week after being hospitalized, and others have needed supplemental oxygen or assisted ventilation.

Health officials don’t yet know what is causing the illness and worry that contaminated or adulterated product may have recently entered the market.

Last week the national Centers for Disease Control and Prevention and the U.S. Food and Drug Administration issued a joint statement urging anyone who is concerned about the potential health risks to stop using e-cigarette products immediately. They also cautioned against buying products on the street or modifying them by adding substances not intended by the manufacturer.

That’s according to the 2019 “State of Tobacco Control” report by the American Lung Association.

The organization says 2018 saw “incremental progress” in the fight against tobacco in New York State, but laments the slow nature of meaningful and lasting action like many of the initiatives outlined in New York Governor Andrew Cuomo’s recently announced tobacco proposal.

Gov. Cuomo is proposing increasing the legal age to buy tobacco products to 21 across the state and placing restrictions on e-cigarette flavors, along with increased funding for prevention and cessation programs.

The “State of Tobacco Control” report specifically graded New York in several categories, including:

• Funding for State Tobacco Prevention Programs – Grade F
• Strength of Smokefree Workplace Laws – Grade A
• Level of State Tobacco Taxes – Grade B
• Coverage and Access to Services to Quit Tobacco – Grade C
• Minimum Age of Sale for Tobacco Products to 21 – Grade C

Officals with the American Lung Association say the need for New York to take action is more urgent than ever, with youth e-cigarette use seeing a 78 percent increase in high school e-cigarette use from 2017 to 2018.

This has caused the U.S. Surgeon General to declare e-cigarette use among young people an epidemic in an Advisory issued in December 2018.

Sen. Chuck Schumer

NEW YORK – U.S. Senator Charles Schumer is calling on the Food and Drug Administration (FDA) to use a law on the books to immediately ban kid-friendly e-cigarette flavors.

According to Schumer, an e-cigarette warning letter to the FDA was signed last month by a coalition that includes the American Academy of Pediatrics, American Cancer Society, American Heart Association and the American Lung Association, which cites their concerns with the kid-friendly flavors.

Schumer said the FDA should use the Tobacco Control Act, which was passed in 2009, to reign in e-cigarettes and control the marketing to adolescents.

Among the items on the agenda is a local law that would increase the legal age to 21 for purchasing cigarettes and other tobacco-related products, including e-cigarettes. State law currently requires all individuals be 18 years of age to purchase Tobacco products. The local law was first introduced in March but was tabled after some lawmakers requested more time to research the possible economic impact the change would have on local business.

• [LISTEN] Community Matters – Increasing Age to Purchase Tobacco in Chautauqua County

The legislature will also discuss using an emergency allocation from the county’s fund balance to the Department of Health and Human Services to help offset an unforeseen increase in the county’s Medicaid payment to the state.  The allocation was approved by the legislature’s health and human services committee but unanimously denied by the audit and control committee, with members feeling the department should first try to identify cost reductions to offset the increase before asking for more money for its 2016 budget.

Wednesday’s meeting begins at 6:30 in the legislature chambers in Mayville (3rd Floor, Gerace Office Building) and is open to the public.