$93G in fines for Suffolk merchants selling smoking, vape products to underage customers

Young people working undercover with Suffolk County health department staff to catch merchants selling smoking and vaping products to underage customers conducted inspections in the past year that resulted in $93,000 in fines for violators.

The amount of fines imposed was the highest in the compliance check program's 25-year history because of violations for selling flavored liquid nicotine, said John Martin, the department's director of health education, in an email. 

In 2015 it became illegal to sell tobacco, e-cigarettes and liquid nicotine in Suffolk County to anyone under 21; before then, the cutoff was 19. The state banned flavored nicotine vapor products in 2020, citing state Department of Health data that tied flavors like mint chocolate and bubble gum to a spike in use of the products by high school students.

"Smoking is still the number one underlying cause of death and disease in the U.S.A.," Martin wrote. "Vaping is considered the new smoking and it is addicting a large number of young people."

In a news release Wednesday, the Suffolk health department listed 37 county businesses, including smoke shops, gas stations and card and gift shops, it said had violated a state law, the Adolescent Tobacco Use Prevention Act, that made the sale of tobacco, herbal cigarettes or vaping products to minors illegal. More than 500 attempted undercover buys, conducted by trained inspectors under 20, took place between August 2022 and August 2023. 

In Suffolk, fines for violations of the state law are typically about $3,000, though fines assessed over the last year ranged from $350 to $8,500, wrote Grace Kelly-McGovern, a health department spokeswoman, in an email. The highest fine was assessed to a vape shop, which Kelly-McGovern did not name. High fines are usually assessed to shops that are repeat offenders with multiple violations, she said. 

In addition to fines, violations of the law can result in a business losing its tobacco sales registration and lottery license for a year. Repeated violations can result in permanent loss.

“We’d much rather educate vendors than fine them, and in that spirit, we encourage retailers who sell tobacco products to send as many employees as possible to the health department’s tobacco vendor education course,” said Dr. Gregson Pigott, Suffolk County's commissioner of health services, in the release. 

That class, held at county offices in Hauppauge, costs $50 and lasts two hours. At least one employee from every business selling tobacco must obtain a vendor education certificate every three years. 

A list of violators appears on the county’s website.

Martin said the department's education and enforcement programs had led to merchant compliance rates of 94% to 97%. But since 2017, a total of 17 vendors have lost their state lottery license, he said. Suspensions are carried out on a point accumulation basis so repeat violations will not result from a single sale to a minor, according to Martin. 

Kent Sopris, president of the New York Association of Convenience Stores, said a suspension can be devastating, since sales of tobacco products and lottery tickets can account for 40% of a store's revenues. But, he said, rules around underage tobacco sales leave “not a lot of wiggle room … We support any effort to enforce the law with underage sales or sales of illegal products.” 

The undercover inspectors, between the ages of 16 and 20, make minimum wage, with three to five working at a time, Kelly-McGovern said.

A 2021 department flyer for under-21 candidates describes the job as a “great opportunity” for those interested in law enforcement, public health, government or pre-law. 

They work under the supervision of a county public health inspector and try to buy tobacco or vape products without presenting identification, according to the flyer. They do not work at locations where they might be known.

Since the 1997 passage of the state law, youth inspectors have conducted more than 20,000 inspections statewide, according to the Suffolk County health department.

Underage sales are now relatively rare across New York State, according to the flyer, which concludes with a pitch to candidates: “Becoming an underage inspector is a great professional opportunity and stands out on a resume!”

In addition to its business outreach and enforcement work, the health department offers tobacco and vaping cessation classes to the public. Classes will be held at the Longwood Public Library and at the department's health education offices in Hauppauge later this month and in December. The classes are free, with over-the-counter smoking cessation medications available at a reduced price to people who qualify.