Eastchester Law Prohibiting Sale of Vaping Devices Ruled Constitutional

No Vape Sales and Town Opted Out of Future Marijuana Sales

           “Keeping our citizens, especially our youth, safe by limiting accessibility to the products specified in our law is our top priority.  I am glad the Town of Eastchester prevailed.”

Eastchester Supervisor Anthony Colavita

  At the September 3rd, 2019 Town Board meeting, Eastchester was one of the first Towns to adopt a local law to prevent the sale of electronic Nicotine Delivery products within the Town. The law which is known as “Electronic Nicotine Delivery Product Law” prohibits the sale of tobacco substitutes containing nicotine from being sold in the Town. This includes, but is not limited to: e-cigarettes, vapes, vaporizers, vape pens, lozenges or other candy, drinks, liquid nicotine or other e-liquids or inhalers.  

Countless studies have shown that these products are heavily favored by the youth of the community.  Therefore, the adoption of this law would prevent easy access for our youth and protect the health, safety and welfare of the community.

Upon the Town enacting the Law, the Eastchester Police Department began enforcing such Law whereby summonses were issued to various merchants who continued to sell these hazardous products.

Rather than complying with the Law, a group of merchants brought a Federal Lawsuit against the Town of Eastchester alleging that the “Anti-Vaping Law was unconstitutional.  That Law was upheld by a Federal Court in the Southern District of New York.

 Supervisor Colavita and the Town Board were also the first to opt out of participating in the New York State Marijuana Retail Sales Program as well.

Supervisor Colavita stated, “Keeping our citizens, especially our youth, safe by limiting accessibility to the products specified in our law is our top priority.  I am glad the Town of Eastchester prevailed.”

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