Are flavored vapes banned in New York?

Yes. New York banned the sale of all flavored e-cigarettes except tobacco flavor in May 2020. This includes menthol, mint, fruit, and dessert flavors. The ban applies statewide, including New York City.

What is the legal vaping age in New York?

You must be 21 or older to purchase vaping products in New York. This aligns with federal Tobacco 21 law. Retailers must verify age with valid ID.

How much is the vape tax in New York?

New York imposes a 20% supplemental tax on the retail price of vapor products, in addition to state and local sales taxes. NYC has additional local taxes making it one of the most expensive places to vape.

Can you vape indoors in New York?

No. New York's Clean Indoor Air Act bans vaping in all indoor workplaces, restaurants, bars, and public spaces. This applies statewide and is strictly enforced in NYC.

Can you vape in Central Park or other NYC parks?

No. NYC bans smoking and vaping in all city parks, beaches, plazas, and pedestrian areas. Violators face $50 fines. The ban covers all 1,700+ city parks.

Can you buy vapes online in New York?

Limited. Online sales of tobacco and vaping products to New York addresses face significant restrictions. Many vendors refuse to ship to NY due to tax collection requirements and legal complexity.

Can You Vape in New York? 2026 Laws, Flavor Ban & NYC Rules

Can You Vape in New York? The Short Answer

Yes, but with significant restrictions:

Tobacco-flavored only - All other flavors banned statewide
21+ age requirement - Federal T21 law
20% state tax on vapor products plus sales tax
Indoor vaping banned - Clean Indoor Air Act
NYC parks banned - All 1,700+ parks
Online sales restricted - Many vendors won't ship to NY

New York has some of the strictest vaping regulations in the United States, combining a flavor ban with heavy taxation and comprehensive indoor/outdoor restrictions.

New York Vaping Laws: The Legal Framework

Key Legislation

Law	Effect
Public Health Law Article 13-F	Flavor ban (tobacco only)
Clean Indoor Air Act	Indoor vaping ban
Tax Law	20% supplemental vape tax
Adolescent Tobacco Use Prevention Act	21+ age requirement
NYC Admin Code	Additional city restrictions

Timeline

Date	Change
2017	Vaping added to Clean Indoor Air Act
December 2019	T21 (21+) law enacted
May 2020	Flavor ban took effect
2020	20% vape tax implemented
Ongoing	Enforcement intensification

The New York Flavor Ban

What's Banned

Prohibited flavors:

Menthol and mint
Fruit (all varieties)
Dessert and candy
Beverages (coffee, etc.)
Anything except tobacco

What's Legal

Only tobacco-flavored products:

Pre-filled pods (tobacco)
E-liquids labeled "tobacco" flavor
Disposables (tobacco flavor only)
Open systems using tobacco e-liquid

How It's Enforced

State and local health departments conduct inspections
Fines for retailers selling banned products
Product seizures possible
Repeat violations can lead to license revocation

Penalties for Retailers

Violation	Penalty
First offense (flavored products)	$500
Second offense	$1,000
Third offense	$2,000 + potential license suspension

What Can You Buy in New York?

Available Products

Legal:

Tobacco-flavored pods and cartridges
Tobacco-flavored e-liquid
Tobacco-flavored disposables
All hardware (devices, mods, tanks)
DIY supplies (PG, VG, unflavored base)

Not legal to sell:

Any flavored nicotine e-liquid
Flavored pods/cartridges
Flavored disposable vapes

Where to Buy

New York City:

Vape shops (tobacco flavor only)
Some smoke shops
Limited convenience store options

Upstate New York:

Vape shops in most cities
Tobacco retailers
Less variety than pre-ban

Pricing

High taxes make NY expensive for vapers:

Product	Price Range
JUUL pods (tobacco, 2-pack)	$25-35
Disposable (tobacco)	$15-25
E-liquid 30mL (tobacco)	$20-30
Pod system device	$35-55
Box mod	$50-100

Where Can You Vape in New York?

Statewide Indoor Ban

The Clean Indoor Air Act prohibits vaping in:

All indoor workplaces
Restaurants and bars
Retail stores
Shopping malls
Hotels (most rooms, common areas)
Public transit (buses, subway, trains, stations)
Taxis and ride-shares
Schools and universities
Hospitals and healthcare facilities
Government buildings
Theaters and entertainment venues

New York City Specific Rules

NYC goes further than state law:

Banned in:

All 1,700+ city parks
All city beaches
Pedestrian plazas (Times Square, Herald Square, etc.)
Public housing common areas
Outdoor restaurant/bar seating (many establishments)
Within 15 feet of building entrances (many buildings)
E-cigarette retailer ban in residential areas

Penalties:

Violation	Fine
Smoking/vaping in parks	$50
Repeat park violations	Up to $250
Indoor violations	Varies by venue

Upstate Rules

While state law applies everywhere, some areas may feel more relaxed:

Still illegal in all indoor public spaces
Outdoor enforcement may be less intense
Private property rules apply

Where You CAN Vape

Private residences (own home/apartment - check lease)
Private outdoor property
Sidewalks (NYC - not near entrances)
Some outdoor areas away from restrictions
Private vehicles

New York City Deep Dive

Borough-Specific Notes

Manhattan:

Highest enforcement
Very limited outdoor options
No parks, plazas, or outdoor dining
High vape shop concentration in some neighborhoods

Brooklyn:

Active enforcement
Some outdoor areas more relaxed
Vape shops in Williamsburg, Park Slope areas

Queens:

Similar to Brooklyn
Less enforcement intensity in outer areas

Bronx:

Standard rules apply
Fewer vape shops

Staten Island:

Standard rules
More suburban feel, similar enforcement

Times Square and Tourist Areas

Pedestrian plazas prohibited - Times Square, Herald Square
No vaping while walking in crowded areas (considerate)
Indoor attractions all prohibited
Hotels - Mostly non-smoking/vaping rooms

Taxes Explained

State Taxes

Tax	Rate
Vapor products supplemental tax	20% of retail price
State sales tax	4%
Local sales tax	3-4.5% (varies)
Total tax burden	~27-29%

NYC Taxes

NYC adds additional local taxes:

Combined state + city sales tax: 8.875%
Plus 20% vapor tax
Total in NYC: ~29%+

Impact on Prices

A $20 bottle of e-liquid in another state might cost $26-28 in NYC after all taxes.

Online Purchasing

Current Status

Online vape sales to NY are complicated:

PACT Act requires registration, tax collection, age verification
Many vendors refuse to ship to NY
Flavor ban applies to shipped products
Tax collection required on NY deliveries

What's Available Online

Hardware (devices, mods) - More options
Tobacco-flavored products - Limited vendors
DIY supplies - Available from some vendors

Vendors That May Ship to NY

Research current policies as they change frequently. Some vendors:

Require age verification
Only ship tobacco flavors
Add NY tax at checkout
May have minimum orders

New York vs. Other Strict States

State	Flavor Ban	Tax Rate	Indoor Ban	Age
New York	Yes (tobacco only)	20%	Yes	21
California	Yes (tobacco only)	~54% wholesale + 12.5%	Yes	21
Massachusetts	Yes (tobacco only)	75% wholesale	Yes	21
New Jersey	Yes (tobacco/menthol only)	30 cents/mL	Yes	21
Rhode Island	Menthol exempt	80% wholesale	Yes	21

New York's tax is lower than some states, but the flavor ban is comprehensive.

Penalties Summary

Consumer Penalties

Violation	Penalty
Vaping in prohibited indoor area	Venue may ask you to leave
NYC park/beach violation	$50-$250
Providing to minors	Criminal charges possible

Retailer Penalties

Violation	Penalty
Selling flavored products	$500-$2,000+
Selling to under-21	$300-$1,500 per violation
License violations	Suspension/revocation

New York Vaping Laws: Key Takeaways

Tobacco flavor only - All other flavors banned statewide
21+ age requirement - Federal T21 enforced
20% vapor product tax plus sales tax
Indoor vaping banned - Clean Indoor Air Act applies to vapes
NYC parks and beaches banned - $50+ fines
Pedestrian plazas prohibited in NYC
Online sales difficult - Many vendors won't ship to NY
High prices due to taxes and limited selection
Enforcement active - Especially in NYC
Hardware legal - Devices and mods freely available

References

Looking for vaping laws in other states? Check our complete vaping laws guide for more locations.