New York vape laws

Key rules

• Minimum sale age is 21 for e-cigarettes, vapor products and liquid nicotine.

  N.Y. Pub. Health Law §§ 1399-bb(4), (5), 1399-cc(2)

• Sale of flavored vapor products intended for nicotine use is prohibited.

  N.Y. Pub. Health Law § 1399-mm-1(2)

• Pharmacies may not sell nicotine vapor products.

  N.Y. Pub. Health Law § 1399-mm-2(1)

• Dealers may not ship nicotine vapor products to unauthorized persons in the state; carriers may not knowingly transport them to unauthorized persons.

  N.Y. Pub. Health Law § 1399-ll(1-a), (2)

• Retailers may not run discount sales (coupons, multipack discounts and similar) on vapor products, with limited exceptions.

  N.Y. Pub. Health Law § 1399-bb(1-a), (3)

• Vapor products are taxed at 20% of the retail price.

  N.Y. Tax Law § 1181

• Retailers need a certificate of registration to sell e-cigarettes.

  N.Y. Tax Law § 1183

• Vaping is prohibited wherever smoking is prohibited, including workplaces, restaurants and mass transit.

  N.Y. Pub. Health Law §§ 1399-n(9), 1399-o

Can you order vapes online in New York?

Vapor product dealers may not ship nicotine vapor products to unauthorized persons in New York, and carriers may not knowingly deliver them. In practice, most online retailers do not ship nicotine vape products to New York consumers.

Federal rules that apply everywhere

• Only e-cigarettes with an FDA marketing authorization may be lawfully sold in the United States. As of FDA’s August 28, 2026 update, that is 48 products from five manufacturers.

  FDA — E-Cigarettes Authorized by the FDA

• Federal minimum age to buy any tobacco product, including e-cigarettes, is 21.

  FDA — Tobacco 21

• Advertising for e-cigarettes by manufacturers, distributors and retailers must carry the warning “WARNING: This product contains nicotine. Nicotine is an addictive chemical.”

  21 CFR 1143.3

See every product the FDA has authorized: FDA-authorized vapes list.

Sources

• Public Health Law Center — E-Cigarette Regulations, New York (as of June 15, 2025)
• FDA — E-Cigarettes Authorized by the FDA
• FDA — Tobacco 21
• 21 CFR 1143.3

Last reviewed by TristateVape: September 24, 2026.

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