New York state is banning all flavored nicotine products and nicotine base for making e-juice tomorrow. What would happen of somebody in say, California shipped one of these banned products to New York? The law caries a penalty of a class a misdemeanor.

How do state level regulations like this work? Can they legally charge a person if they are not in New York? How would they even begin to gather proof that somebody mailed it? Subpeona a post office in a different state? Does a state even have that authority? Would the post office legally have to comply with the subpoena if it wasn't a crime where they were located?

Or what about an international shipment?

I don't know much about law and am not even a retailer of said products or even live in New York, but this just got me thinking... I can't imagine this law could be enforced expect for physical stores in New York breaking the law?

  • Typically you'd have to declare what is in the package. If you did not, this is mail fraud, and it would be easy to track a business down doing this, a private individual would be harder. Are you asking as the shipper being a private individual, or a business? – Ron Beyer May 19 at 0:59
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    @RonBeyer: You don't generally have to declare the contents of a package sent domestically, e.g. via USPS, unless it contains something that's specifically prohibited. The mail clerk might ask whether it contains any of the prohibited items, but if it doesn't, you don't have to say what it does contain. – Nate Eldredge May 19 at 3:50

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