Suffolk legislation bans the sale of vaping pens that resemble personal items

The sale of e-cigarette devices resembling highlighters, USB drives, ballpoint pens, smartphone cases, smartwatches, backpacks and other personal items would be banned in Suffolk County under legislation announced Monday.

The bill, expected to be voted on during the Nov. 21 general meeting of the county legislature, prohibits the sale of the devices to anyone of any age. While it's already illegal to sell vape pens to people under the age of 21, the bill says newer products are “predatory” and marketed to teenagers as a way to vape undetected.

Some, such as those marketed by Fort Lauderdale, Florida-based High Light Vapes, look like highlighter pens used in schools or offices. The company's website says the pens are for people "who want to vape discreetly in public" and includes disclaimers that they contain nicotine, can be addictive and are not for minors. 

Legis. James Mazzarella (R-Moriches), the bill's sponsor, said the products have not been found in Suffolk but can be ordered wholesale and could show up on store shelves. The law would apply to in-store sales, with first-time violators facing a $1,000 fine. 

At a news conference with officials from Longwood and William Floyd school districts, Mazzarella said he submitted the legislation about a month ago after seeing social media videos showing how the products work. 

Marykate Guilfoyle, a spokeswoman for Suffolk County Executive Steve Bellone, said Bellone is reviewing the bill.

Nassau County does not have similar legislation, according to county spokesman Chris Boyle.

The legal age to vape and smoke was raised to 21 nationwide in 2019.

New York State in 2020 banned the online sale of vape products.

Mike Frennier, president of the New York State Vapor Association which represents retailers, said he supports the Suffolk legislation.

“Vaping is for adults, and vaping should not be entertained and tolerated for minors,” he said.

In 2022, about 1 in 10, or 2.55 million, U.S. middle and high school students used e-cigarettes at least once within 30 days of being surveyed, including 3.3% of middle school students and 14.1% of high school students, according to the U.S. Centers for Disease Control and Prevention. Health risks include potential harm for brain development and addiction.

The William Floyd district, with around 3,000 high school students, has disciplined about six per month so far this school year for vaping, spokesman James Montalto said. The students are suspended for two days, he said. 

Bob Vecchio, executive director of the Nassau/Suffolk School Boards Association, said the group supports the bill.

“If you’re over 21, you don’t need something that looks like a highlighter to vape — because you’re not trying to hide anything,” he said.

By Vera Chinese

vera.chinese@newsday.com@VeraChinese

Vera Chinese joined Newsday in 2017 after working as an editor for the East End lifestyle publication northforker and a general assignment reporter for the New York Daily News.