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.
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 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.”
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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