ROCHESTER, N.Y. (WROC) — New York state’s ban on flavored e-cigarette and vaping products was scheduled to go into effect Friday, but now that ban is being delayed by state courts.
Officials from Vapor Technology Associated are claiming victory after a New York State Appellate Division Court granted a temporary restraining order Thursday in a lawsuit the VTA and other pro-vaping affiliates lobbied against the state.
Four appellate judges ruled that the state is “temporarily enjoined and prevented from enforcing” the flavor ban until a ruling on the motion for a preliminary injunction is determined.
That motion hearing is scheduled for October 18, 2019.
So, for now, the ban on flavored e-cigarettes is on hold.
“We are very pleased with the New York State Appellate Division’s decision, which acknowledges the strength of our claims about the state’s executive overreach, which preserves the ability of hundreds of small businesses to remain open and continue to serve their adult customers,” said Tony Abbound, Vapor Technology Association executive director.
New York State Health Commissioner Dr. Howard Zucker released this statement shortly after the court’s decision was announced:
“It is undeniable that the vaping industry is using flavored e-cigarettes to get young people hooked on potentially dangerous and deadly products. While the court’s ruling temporarily delays our scheduled enforcement of this ban, it will not deter us from using every tool at our disposal to address this crisis. Make no mistake: this is a public health emergency that demands immediate action to help ensure the wellbeing of our children, and we’re confident that once the court hears our argument they will agree.”
Decision and order of motion
Full court ruling
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