NYS cracks down on alleged illegal shipments of vaping products

New York State on Wednesday announced what it called the largest criminal vaping enforcement action in history following a monthslong investigation into alleged illegal shipment of the products.

The ongoing investigation and statewide sweep, including two shops on Long Island, were conducted by the state Department of Health and the New York State Police and resulted in more than a dozen arrests on charges of unlawful shipment and transport of vapor products, a Class A misdemeanor, according to a news release.

State law prohibits the retail sale of flavored vape products and specifically bans the sale of flavored vape products to anyone under 21. It’s also illegal to ship vape products to consumers or licensed businesses.

"These companies built their business models around breaking New York’s laws and targeting our kids — now, we’re holding them accountable," Gov. Kathy Hochul said in a prepared statement, promising "serious consequences" to those who illegally sell vape products.

The probe involved undercover online purchases of vape products and allegedly resulted in shipments that included "bright-colored disposable e-cigarettes and e-liquids in flavors that appeal to adolescents, such as fruit, candy, soda and dessert flavors," the state said in its statement. "Some included disposable vapes that come equipped with digital display screens and other tech-savvy features similar to smartphones, handheld video games and other electronic devices popular among children, teens and young adults."

In addition to 12 businesses charged with 28 criminal allegations, the state said additional arrests and arrest warrants were pending this week. Five of the businesses were based in New York City, two were on Long Island and the balance upstate.

Among those charged on Long Island was a shop called Vaperdudes, by JPL Development, and Shinnecock Vape Shop, on Shinnecock Indian Nation territory in Southampton.

Vaperdudes, with a Long Island number, stated on its website it is based in Jersey City, New Jersey. No one there returned a phone call.

At Shinnecock Vape Shop, David Taobi Silva, who manages the Shinnecock Smoke Shop, said he and the shop owner, Jonathan Smith, were informed of the charges last week and that they intend to plead not guilty to an appearance ticket in Town Court in Schenectady next week.

Silva said the Shinnecock Vape Shop has multiple levels of age verification "across all our platforms" and is "very conscious" of Shinnecock laws that restrict sale of the products to minors.

Silva also noted the charges do not appear to take into account the federally recognized Shinnecock nation’s sovereign status, and that it appeared the enforcement action "assumes that state law applies to us on the reservation," which he disputed. "We’re business owners, not bad actors," he said.

In a statement, New York State Police Superintendent Steven G. James said, "Illicit business practices are simply not fair to owners who have followed the law and made substantial investments in their businesses. Several unlawful shipments of vape products are landing in the hands of buyers under the age of 21, posing a threat to their health and safety. This will simply not be tolerated in New York State."

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.