Senator Chuck Schumer said the Trump administration's plan to crack down on e-cigarettes has too many loopholes.
This comes as a state ban on most flavored e-cigs goes into effect next week.
Schumer said the proposed White House ban wouldn't do enough to keep kids from getting hooked on e-cigarettes.
President Trump said he wants to remove nearly all flavored e-cigs from store shelves nationwide.
The Food and Drug Administration is developing guidelines that would only allow tobacco flavored e-cigs.
The FDA will have to get public input before moving forward.
Schumer isn't waiting.
He worries the FDA would end up giving companies permission to re-introduce kid-friendly flavors to the market.
"The administration's general lean to favor industry over consumers, there's a legitimate fear, a real fear, that this ban my not be a ban at all,” he said.
New York State's temporary ban on most flavored e-cigarettes goes into effect next Friday.
It will be in effect for 90 days.
Governor Cuomo expects the legislature to vote on a permanent ban when the next session starts in January.
Both the federal and state action are a response to vaping-related illnesses, especially among young people.
Government data shows one out of five American high schoolers use e-cigarettes.