New York State Health Department Announces Arrest of Central NY Vape Shop Owner for Illegally Shipping E-liquid for Vaping

First Arrest Under Public Health Law That Makes Shipping Vapor Products a Crime

Arrest Part of the Department's Multifaceted Effort to Combat Youth Vaping in New York State

ALBANY, N.Y. (January 29, 2025) - The New York State Department of Health announced the arrest of a Central New York vape shop owner and e-liquid manufacturer on charges that he and his business illegally sold vape juice, also known as e-juice and e-liquid, through the mail. This is the first arrest in New York State for a violation of the Public Health Law statute that became effective in 2020 and makes it a crime to ship vapor products and cause vapor products to be shipped.

"The widespread availability of e-cigarettes and vapor products poses significant public health challenges, with particularly alarming consequences for adolescence such as addiction and damage to their developing brain and lungs," State Health Commissioner Dr. James McDonald said. "This arrest is a direct result of the state's dedication to decreasing vaping, especially among young people. Thanks to the work of the Department's investigators and our partners at the Schenectady County District Attorney's Office and the New York State Police, we are making it clear that violating laws meant to protect the health of New Yorkers will not be tolerated."

In New York State, it is illegal to sell flavored vapor products at retail, sell vapor products to anyone under 21 years old, and to ship, or cause to be shipped, vapor products to consumers. Public Health Law prescribes various civil and criminal penalties for any violation.

As a direct result of the investigation by the Department's Bureau of Investigations, on Tuesday, January 28, Richard Dechick of Auburn, New York, was charged by the New York State Police with two counts of Unlawful Shipment and Transport of Vapor Products, a class A misdemeanor. Vape Kult, a limited-liability company owned and operated by Dechick, was also charged. Dechick was issued an appearance ticket returnable to Niskayuna Town Court, located in Schenectady County, on Wednesday, February 12. If convicted, Dechick faces jail time, a fine or both. If convicted, Vape Kult LLC faces a fine. According to the Public Health Law, any second or subsequent unlawful shipment and transport of vapor products by Dechick and Vape Kult following a conviction would be a class E felony.

The defendants are deemed innocent unless and until proven guilty in a court of law.

This arrest stems from the Department's efforts on multiple fronts to combat the youth vaping epidemic. Earlier this month, the Office of the New York State Attorney General and the Department announced a lawsuit against two companies and their owners in Herkimer County for violating state laws by selling flavored e-cigarettes, including to minors, and operating without required licenses. This was the result of a joint effort by Department staff from multiple program areas and district offices.

Youth and young adults are the primary users of e-cigarettes, and e-cigarettes are the most commonly used tobacco product by high school students in New York State. Data from the Department's 2022 New York Youth Tobacco Survey showed that 18.7 percent of high school youth use e-cigarettes. Flavorings in tobacco products make them even more appealing to youth. Nearly nine out of 10 New York State high school students who reported current use of e-cigarettes reported using flavors. The use of sweet, alcohol, or other flavors besides tobacco was the most commonly reported flavor category (76.4 percent) among high school students who currently vape. According to the Centers for Disease Control and Prevention (CDC), youth use of tobacco products in any form is unsafe.

Information about e-cigarettes can be found here.

The New York State Quitsite can be found here.

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