On September 3, 2025, New York Governor Kathy Hochul announced the launch of the state’s largest criminal vape enforcement action to date. The action has resulted in over a dozen arrests and nearly 40 criminal charges. 

The Focus of the Criminal Vape Enforcement Action

The enforcement action focused on businesses and business owners suspected of violating New York’s laws on illegally shipping vaping products. Law enforcement officers focused on people and businesses who ran online vape shops and vaping product distribution networks throughout New York. 

New York’s vape laws limit the parties to which a vape product business can ship its goods. Online vape shops, however, have the ability to skirt such laws by shipping products to anyone who orders them. By focusing on online vape shops, New York law enforcement sought to double-check that online companies were limiting their customers to those legally allowed to receive shipments – and to stop those who were sending vape products to unauthorized customers. 

The enforcement action followed “a months-long investigation” by the New York Department of Health, according to the governor’s office. 

Over a dozen arrests and 28 criminal charges were filed following the enforcement action. At least ten more charges are pending. Businesses included in the enforcement action include at least five in New York City, two in Long Island, two in the Capital Region, one in Western New York, and one in the Central New York/Mohawk Valley region. 

Various law enforcement departments throughout New York plan to carry out additional arrests and seek additional warrants this week, according to the Governor’s office. 

What Are New York’s Vape Laws?

New York’s public health laws make it unlawful for a person or business “in the business of selling vapor products” to ship vape products to anyone who isn’t (a) a registered vape products dealer, (b) a bonded warehouse, or (c) “an officer, employee or agent” of the government acting in accordance with their official duties. The law applies to any vape-related products that contain nicotine or can be used to administer nicotine. 

A person or business’s first violation of the law is a misdemeanor. Second and later violations can be prosecuted as felonies. The law also allows New York law enforcement officers to seize vape products discovered during an investigation of the vape laws. 

In addition to criminal penalties, a person who violates the vape law can face civil penalties. These include fines of $5,000 per violation or $100 per vapor product, whichever is greater. 

The vaping products distribution law is one of several moves by the state government in recent years to address the public health concerns of vaping, particularly for teens and children. Recent state-level laws intended to address these public health issues include:

• Raising the legal age for tobacco and vape purchases from 18 to 21, thus preventing all teenagers from accessing nicotine products legally, 
• Increasing the state’s cigarette tax by $1 per pack to increase the costs of smoking and vaping,
• Directing vaping lawsuit settlement funds toward education, prevention, and enforcement initiatives, including funding to support schools and local health agencies in smoking and vaping prevention. 

Many of the vape products seized in the action featured bright colors and sweet flavors that appeal to teens and children, according to the New York State Police. These products raise particular concerns among public health officials, since they are more likely to attract young people. 

The state Department of Public Health also continues its work to inform the public and to protect children and teens from the risks of nicotine exposure, according to the governor’s office.

What Happens If You Face Vape-Related Criminal Charges?

Using vape products remains legal for New Yorkers who are 21 and older. However, the law restricts the shipment of these products. The enforcement action focused on businesses and business owners violating the shipment restrictions. 

Navigating New York’s business laws can be challenging. The work becomes more difficult when business owners may face criminal charges for a violation. While modern technology makes an online shop easier to build than ever, using these technologies can expose businesses and their owners to criminal liability they may not fully expect. Online shops and other systems may also open a business up to law enforcement scrutiny, even if the business is doing its best to comply with the law.

If you’re a business owner facing criminal charges, don’t wait. Speak to an experienced New York criminal defense lawyer immediately. The team at Brill Legal Group can help you protect your rights and your livelihood.