Judge strikes down flavored vaping ban in NYS

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FILE – In this Aug. 28, 2019, file photo, a man exhales while smoking an e-cigarette in Portland, Maine. Health officials investigating a nationwide outbreak of vaping-related illnesses have, for the first time, listed the vape brands that are most commonly linked to hospitalizations. Most of the nearly 2,300 people who has suffered lung damage were vaping liquids that contain THC, the high-inducing part of marijuana. In a report released Friday, Dec. 6 the government listed the THC-containing products that patients most often said they’d been using, noting that some patients vaped more than one. (AP Photo/Robert F. Bukaty, File)

ALBANY, N.Y. (WTEN) – A State Supreme Court Judge has denied the State’s proposed ban on flavored vaping products and flavored e-cigarettes in New York.

In September, Governor Cuomo signed an executive order to ban flavored vape products in New York.

According to court documents, shortly after the emergency regulation was adopted, the “Vapor Technology Association” and other corporations involved in manufacturing and selling e-liquids sought an injunction to keep the state from enforcing the order.

The ruling, by acting state Supreme Court Judge Catherine Cholakis, stated the negative effects the ban would have on the vaping industry, as noted by many vaping-proponents after the initial ban was announced in September.

Legitimizing the state’s concern about teen vaping, Cholakis added, “Of course nothing in this decision…should be read as in any way trivializing the concern that the availability of flavored e-liquids may well be contributing to the spread of nicotine addiction among our youth.”

However, ultimately, Cholakis decided the ban overstepped the state’s authority and instead should be handled by the Legislature.

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