Two members of the state Assembly think it’s time for a formal ban on vaping in state schools.

Assemblyman Scott Gray, R-Canton, has introduced legislation (A.8069) to prohibit vaping and the use of e-cigarettes in the state’s educational institutions, require schools to educate communities about the health risks associated with vaping and to post no-vaping signs in schools and colleges. The bill is co-sponsored by Assemblyman Ken Blankenbush, R-Carthage.

“Vaping is a severe threat to the health and well-being of teenagers in New York state,” Gray wrote in his legislative justification ” Recent national studies have shown that 78% of teenagers are using e-cigarettes. Often, vaping leads to increased anxiety, and the nicotine in vapes can disrupt the brain functions that control learning and attention. Unfortunately, a recent study showed that almost a fourth of New York high schoolers are vaping.”

As part of a multistate lawsuit settlement, New York will receive $112.7 million, which will support underage vaping abatement programs across the state. The agreement also requires JUUL to secure JUUL products behind retail store counters and verify the age of consumers that directly sell or promote its products online.

Attorney General Letitia James said earlier this year when the settlement In November 2019, Attorney General James sued JUUL for its deceptive and misleading marketing that glamorized vaping with colorful ads featuring young models using fruity, sweet, and minty flavors that appealed to youth. She alleged JUUL misled consumers about the nicotine content of its products, misrepresented the safety and therapeutic value of its products by stating that they were safer than cigarettes, and failed to prevent minors from purchasing its products in stores across the country.

The lawsuit alleged that JUUL’s conduct violated New York’s General Business Laws, which prohibit deceptive acts and practices and false advertising; Common Law Public Nuisance, which prohibits substantial and unreasonable interference with the public health; and Executive Law § 63(12), which prohibits repeated and persistent fraud and illegality, based on violations of the New York Public Health Law prohibiting underage sales of tobacco products to minors. In addition to marketing to young New Yorkers, James said JUUL engaged in direct outreach to high school students, including in at least one New York City school, where a JUUL representative falsely told high school freshmen that its products were safer than cigarettes.

After JUUL launched in 2015, e-cigarette use in New York City high school students increased three-fold from 8.1% in 2014 to 23.5% by 2018. By 2019, the proliferation of vaping led to a national outbreak of vaping-related illnesses, with more than 2,500 hospitalizations. In October 2019, a 17-year-old male from the Bronx died due to a vaping-related illness, making him the first reported vaping-related fatality in New York, and the youngest vaping-related fatality in the United States. The state Department of Health reports that more than 1 in 5 high school students reported vaping in 2020. The Centers for Disease Control and Prevention report that more than 1 in 7 high school students use e-cigarettes as of 2022.

Jamestown Public Schools voted earlier this month to accept $22,481 for its share of the JUUL settlement after joining a class action lawsuit in September 2021. At that time, Dr. Kevin Whitaker, Jamestown schools superintendent, said Juul specifically advertised their products to young children and teens, creating flavors like grapefruit and watermelon so “students would become addicted to their product and then would end up with subsequent health issues.”

“Vaping has been a huge distraction, and it costs quite a bit of money for all sorts of school districts, and this is an attempt as a class to get some of that money returned to us as a result of their direct marketing to kids,” he continued.

Whitaker said the district’s share, once received, could go toward student education on drugs, smoking and vaping. That potentially includes the purchase of vape detectors at Jamestown High School.

“These devices have no place on school grounds, as they are a distraction from learning and could potentially be sold, traded, or shared,” Gray wrote. “As educational institutions throughout the state have struggled to find a solution to student’s use of vaporized products on campus, some have resolved to restrict or even close bathrooms, while others have decided to install sensors. This is an unnecessary distraction and harmful to the learning environment. An outright ban strengthens the ability of educational institutions to define and enforce the rules without confusion or exception.”