© 2025 WSHU
NPR News & Classical Music
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

New York AG James discusses illegal vape crackdown, broadband amicus brief, and Trump's return

Attorney General Letitia James, center, speaks during her election night party in Brooklyn borough of New York, Tuesday, Nov. 6, 2018. (AP Photo/Andres Kudacki)
Andres Kudacki/AP
/
FR170905 AP
Attorney General Letitia James, center, speaks during her election night party in Brooklyn borough of New York, Tuesday, Nov. 6, 2018. (AP Photo/Andres Kudacki)

New York State Attorney General Letitia James is cracking down on illegal vape sales. The Democrat, working with the State Department of Health, says her office has shut down a shop in Ilion, in Herkimer County. James says “G Smoke” flouted state laws despite repeated warnings. James spoke about that, an amicus brief she filed over access to broadband internet, and the return of President-elect Trump to the White House with WAMC’s Ian Pickus Thursday afternoon.

We are working with the Department of Health again to keep young people safe, we filed a lawsuit to shut down a vape shop called G Smoke for selling illegal e-cigarettes to children and selling illegal flavored vape products to young people. We sent in undercover investigators and uncovered, in fact, that they rarely, rarely verified the age of customers before selling them these dangerous and illegal e-cigarettes.

How widespread is such an operation in New York State? I mean, this is one shop in Herkimer County, but I think most people have had the experience of seeing a lot of similar type shops popping up, and maybe more than this one are selling things that they shouldn't be. 

Our work continues, and so stay tuned. We recognize that this is a widespread issue, and it's our responsibility and our duty working with the Department of Health to keep children safe and to keep illegal e-cigarette products off the shelves of stores. 

Do you think there is confusion around what is legal to sell in this era of now legalized recreational cannabis as well? 

You know, obviously there's a lot of illegal cannabis shops, and we are working with the Office of Cannabis Management to shut down illegal cannabis shops all throughout the state of New York and also with the marshal of the city of New York. But it's important that individuals understand that these flavored vapes are illegal, and flavored e-cigarettes are also illegal, and oftentimes, what store owners do and some of these manufacturers and distributors, is that these illegal vaping products look more like candy and they're very attractive. They're attractive nuisances to children, and it's important that individuals understand that they all contain high amounts of tobacco and nicotine, which are dangerous to the health of young people. 

Now, to my understanding, the particular shop we're talking about has already been assessed several hundred thousands of dollars in penalties for past infractions. For people who might be listening to this, what types of penalties can an operation or a store owner face if they are violating this law? 

We will shut down the store, as we did here, and we will continue to seek any outstanding fines and penalties that are owed to the state of New York, because we want to send a strong message, not only to this particular store, but to all other store owners throughout the state of New York that we will not tolerate individuals engaging in illegal practices, particularly as it relates to selling dangerous products to young people. 

Let me change gears now and ask about an amicus brief that you and several other attorneys general have sent to the Supreme Court, and this involves the way that — this is kind of confusing — but the way that broadband access is funded for rural communities. Can you explain your brief and what you're seeking? 

Yeah, we filed a brief in the United States Supreme Court that will basically consider the constitutionality of the way that a funding program is set up to provide communication services to rural areas, to schools, to libraries to hospitals and to low-income communities. It's important that individuals have access to telecommunication providers at low cost. And there was this organization, a very conservative organization, that challenged the way that we fund the program and was successful in basically getting a stay against this program, which provides much-needed services to schools and to libraries and to rural areas and to low-income communities. And so it's really critically important that individuals understand that having broadband access is really critical in these days and times, and it's important that we support this program, which provides access to broadband in rural and low-income communities nationwide.

Now correct me if I'm wrong, but my understanding is that the question is whether the Universal Service Fund through the FCC has the appropriate sort of taxing ability to gather the funds. That's what's at question here. 

That's what it comes down to. It comes down to whether or not the FCC had the ability to tax these entities. So it was really a challenge to that funding authority, but this program helps subsidize internet, phone and communication services for schools, libraries and health care facilities, particularly in rural communities in upstate New York and all throughout this nation. And it's unfortunate that Congress delegated this power to FCC and this conservative outfit and decided to challenge that authority. 

It your expectation that the conservative leaning court will be receptive to the lower ruling?

Well, if they are receptive to the lower ruling, that means that the program will no longer exist.
 
Right. 

And I'm hoping that they recognize and consider, you know, the fact that it's really critically important that in these days and times that these communities have access to broadband service. It is so absolutely critical for individuals to do their homework, for our schools and for libraries to have internet access, broadband access, and to cut them off, obviously, is basically to cut them off from the outside world. 

So let me wrap up our time by asking about what's I think on everybody's mind. There's going to be a change in leadership in the White House on Monday, and you have obviously toiled with President Trump in the past, and during a press conference right after the election with Governor Kathy Hochul you said New York is ready to protect its interests in this new era. Are there areas where you expect to do to do that when the new administration comes back into office? 

Listen, the Office of the Attorney General will continue to do the work that we do every day, to protect and to defend New Yorkers, just as we did on the two cases that we just talked about. It's really critically important that we keep New York safe, that we keep it more affordable. And that's not going to change with the incoming administration. We will find common ground with the new administration, with President Trump, but I am chartered and responsible, it is my mission to protect and to defend the rights of New Yorkers, and we’ll continue to do just that. 

Just lastly, as the state attorney general in New York state, are you worried about the message it sends that Trump has really been able to avoid paying a price? You know, he has been convicted as a felon, but he's also gotten back into office without much penalty, really. Are you worried about the message that that sends? 

So my job is not to opine on his on his rulings with respect to the criminal justice system. My job, again, is to defend and protect the rights of New Yorkers and to make sure that New York is safe and that we are respecting the rights of all New Yorkers and making New York more affordable. And that has not changed under a Biden administration, and it won't change under a Trump administration. We are here to serve New Yorkers each and every day and to make sure that individuals, as we just discussed, have access to affordable broadband service, and that they're not subjected to junk fees, and that they're not victims to consumer fraud, that their data is protected. That's what we do here in the office of the attorney general each and every day, and we're going to continue to do that regardless of who occupies the White House.

A lifelong resident of the Capital Region, Ian joined WAMC in 2008 and became news director in 2013. He began working on Morning Edition and has produced The Capitol Connection, produced and hosted the Congressional Corner, and several other WAMC programs. Ian can also be heard as the host of the WAMC News Podcast and on The Roundtable and newscasts. Ian holds a BA in English and journalism and an MA in English, both from the University at Albany, where he has taught journalism since 2013.