Mandatory Ad Reporting for Vape Sales in NY: Details on the Pending Bill (A00147)

New York continues to take a closer look at how electronic cigarette products are sold and promoted as lawmakers explore new ways to increase transparency across the vape industry.

One proposal gaining attention is Assembly Bill A00147, a pending bill that would require companies selling electronic cigarettes in New York to report their online advertising activity each year. Rather than introducing new product restrictions, the proposal is centered on understanding how vape companies are spending money to promote their products online.

The bill has sparked interest across the industry—from vape retailers and digital marketers to public health advocates—because it could introduce new reporting expectations tied to online advertising practices.

If enacted, A00147 would add another layer to New York’s broader effort to strengthen oversight of nicotine and electronic cigarette regulation.

What Is New York State Assembly Bill A00147?

Assembly Bill A00147 is a proposed amendment to New York Public Health Law that would introduce new advertising reporting requirements for companies selling electronic cigarettes in New York.

If enacted, covered businesses would be required to submit annual disclosures to the Commissioner of Health detailing their online advertising expenditures from the previous fiscal year. The proposal is centered on transparency—giving the state more visibility into how electronic cigarette products are promoted online rather than introducing new product restrictions.

Introduced by Assemblymember Linda Rosenthal, the bill has been referred to the Assembly Health Committee and remains pending.

Under the current bill language, companies would report more than just total advertising spend. Proposed disclosures would also include an itemized breakdown of advertising expenditures, the websites where advertisements appeared, how long advertisements remained active, and any additional internet advertising information the Commissioner of Health may require.

The bill would also direct the Department of Health to include internet advertising expenditure information in its annual reporting to the governor and legislature, including considerations related to limiting children’s exposure to online advertising.

To review the full bill text, legislative history, and current status,
visit the official New York State Assembly bill page

Why Was the Bill Introduced?

While A00147 is focused on reporting rather than restricting advertising, the bill’s sponsor memo helps clarify the intent behind the proposal.

Lawmakers have raised ongoing concerns about how e-cigarette advertising reaches younger audiences online, along with growing attention on the role digital marketing may play in influencing vaping behavior among teens and young adults.

The legislative materials also point to research showing significant exposure to e-cigarette advertising among young people, raising broader concerns about how that exposure may contribute to product use.

The proposal also fits into New York’s broader approach to regulating nicotine and vape products. In recent years, the state has introduced measures related to flavored vape products, youth access, and overall electronic cigarette oversight.

Rather than introducing new restrictions on products or advertising content, A00147 takes a transparency-focused approach—aiming to give policymakers a clearer view of how electronic cigarette products are being marketed online and where advertising spending is concentrated.

Supporters of the bill argue that this type of disclosure could help inform future policy decisions by improving visibility into digital advertising practices within the industry.

Key Requirements Under the Proposed Bill

If enacted, A00147 would introduce new annual reporting requirements for companies selling electronic cigarettes in New York, with a focus on bringing more transparency to online advertising activity.

While the bill doesn’t limit or restrict advertising itself, it would require businesses to keep track of and report how their digital ad spend is being used across different platforms.

Mandatory Annual Reporting

Under the proposal, companies selling electronic cigarettes in New York would need to submit annual reports to the Commissioner of Health outlining their online advertising spending from the previous fiscal year.

Those reports would include:

• Total online advertising spend
• A breakdown of advertising expenditures
• The websites where ads were placed
• How long those ads ran
• Any additional internet advertising details requested by the Commissioner

Digital Advertising Transparency

The bill doesn’t spell out specific advertising channels like social media, search ads, or sponsored content. Instead, it uses broader language around online advertising expenditures, which could apply to a range of digital marketing activities depending on how the law is implemented.

At this stage, the proposal is focused on transparency and reporting—not controlling what can be advertised or how campaigns are run.

Reporting to the Commissioner of Health

All disclosures would be submitted to the New York Commissioner of Health on an annual basis.

That said, the bill doesn’t yet lay out the finer details like filing procedures, deadlines, or reporting formats. Those would likely be developed later if the legislation moves forward.

Penalties for Non-Compliance

Right now, the bill does not spell out penalties or enforcement actions for businesses that fail to comply.

If the proposal becomes law, those details would likely need to be defined through additional legislation or regulatory guidance.

Potential Impact on Vape Companies

If enacted, A00147 would introduce new reporting requirements that could influence how vape businesses manage both their marketing and day-to-day operations.

While the bill is focused on transparency rather than restricting advertising, it may still require companies to take a closer look at how they track, organize, and document their online advertising activity.

Increased Compliance Costs

Businesses may need to put additional systems and processes in place to track advertising spend across platforms and maintain accurate records for annual reporting.

Changes to Marketing Strategies

With more visibility into advertising activity, companies may become more intentional about how marketing budgets are allocated and how campaign data is documented over time.

Greater Regulatory Oversight

If enacted, the bill would give state officials greater insight into how electronic cigarette products are being advertised online, which could also help inform future policy discussions.

Conclusion

Assembly Bill A00147 takes a transparency-first approach to vape regulation in New York. Instead of adding new restrictions on sales or advertising, it would require electronic cigarette companies operating in the state to report their online advertising spend and related activity each year.

Although the bill is still pending, it highlights a growing focus on how vape products are being promoted online—especially in spaces where younger audiences may be more likely to see them.

For businesses in the vape and digital advertising space, it’s a reminder that reporting and compliance expectations continue to evolve, making it important to stay ahead of potential changes.