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Ban on sale of deceptive e-cigarettes and vaping products proposed

Peter Katz by Peter Katz
October 22, 2025
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Westchester County Executive Ken Jenkins today proposed legislation that would ban the sale in the county of e-cigarettes and vaping products that are designed to look like everyday items such as pens, marking highlighters, USB drives, cartoon characters and key fobs.

Jenkins said, “While they may appear harmless, these devices are intended to attract young people and make it easier for them to access nicotine. This legislation is about protecting our children and keeping Westchester safe and healthy.”

Jenkins expressed a hope that the County Board of Legislators would fast-track the legislation so that it can take effect quickly.

“We want our children in Westchester County to grow up healthy, strong and free from addiction and with this legislation we’re making that future a reality,” Jenkins said.

From left: Greenburgh Graham Union Free School District Acting Superintendent of Schools Dara E. Joseph; Molly Franco; Ken Jenkins; Mary Fox-Alter; Paul Bratcher, Greenburgh MLK High School

The proposed law would: ban the sale, offer for sale, or transfer of e-cigarettes or vaping products that resemble school supplies or personal items; establish fines ranging from $300 to $1,500 for violations, with increasing penalties for repeat offenses; authorize the Westchester County Board of Health to enforce the law.

With Jenkins at the announcement of the proposed legislation was the Ossining Schools Superintendent Mary Fox-Alter.

“We need to create protective factors for children,” Fox-Alter said. “We need to allow them to grow without hidden devices that make it difficult for parents, for educators, for administrators, for principals, for coaches, to see that vaping can occur in devices such as markers, pens, USB drives, crayons. This legislation is a critical important protective factor that ensures the health and safety of our young people.”

She noted that as a superintendent of schools her top priority is the health and safety of students.

“Deceptive vaping devices and deceptive marketing poses serious risks, not only to physical health but also to learning and development,” Fox-Alter said. “We fully support this legislation to protect our young people and ensure our schools remain safe, healthy environments for all students.”

American Lung Association Health Promotions Specialist Molly Franco, said, “The American Lung Association remains committed to a tobacco-free future where no child is addicted to tobacco products. To end youth tobacco and nicotine use, it is necessary for the entire community to be involved, including lawmakers, parents, teachers, coaches, school administrators, community-based organizations, and health care providers.”

Franco said that the 2024 National Youth Tobacco Survey showed that vaping continues to be a serious public health concern with more than 1.63 million middle and high school students reporting that they use e-cigarettes.

“While this is a 70% decrease since 2019 when 5.4 million middle and high school students reported using e-cigarettes, it is still unacceptable that so many are using these dangerous and highly-addictive products,” Franco said

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