BUFFALO, N.Y. (WIVB) — New York State’s ban on flavored e-cigarette liquid was supposed to begin last week but was instead put on the back burner. The state-level retail association representing merchants, in advance of an upcoming court date, has in the meantime this week filed a lawsuit.

The New York State Vapor Association has motioned to become a co-petitioner in the lawsuit brought by the Washington D.C.-based Vapor Technology Association.

In proposing the ban, Gov. Andrew Cuomo administration cited hundreds of cases of reported lung injuries investigated by the Centers for Disease Control, and a “deceptive belief” marketed by the e-cigarette industry that they are not harmful to users.

On Tuesday, Cuomo said a 17-year-old from the Bronx is the first New York resident to die from a vaping-related illness, as reported by CBSNewYork.

The ban was supposed to take effect on Friday of last week but a judge handed down a temporary restraining order, which is in effect through an Oct. 18 hearing.

Earlier this month, a consultant for the vaping industry asked Cuomo for an in-person meeting to find a “better solution to managing the vape industry” instead of an outright ban.