New York’s flavored e-cigarette ban delayed by courts

NY Capitol Bureau

In this Tuesday, Sept. 3, 2019, photo, Devin Lambert, the manager at Good Guys Vape Shop, demonstrates to blow a vapor ring while using an e-cigarette in Biddeford, Maine. Efforts to ban flavored e-cigarettes and reduce their appeal to youngsters have sputtered under industry pressure in over a half-dozen states this year. The industry and its lobbyists urged lawmakers to leave mint and menthol alone. A proposed ban that President Donald Trump outlined Wednesday, Sept. 11, would supersede any state inaction and includes a ban on mint and menthol. (AP Photo/Robert F. Bukaty)

Empire State Weekly

NEW YORK STATE (via 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 say 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.

Court ruling

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