A state appellate court on Thursday delayed New York’s ban on flavored vaping products used in e-cigarettes, a day before it was set to take effect. The delay is a victory for an industry that has opposed state efforts to limit vaping products.
The Appellate Division in the ruling blocked the state from enforcing the ban until a broader injunction motion is decided at the trial level. The ruling was first reported by The New York Law Journal.
The suit was filed by the Vapor Technology Association, a trade group fighting the ban and has sought restraining order to delay it.
"It is undeniable the vaping industry is using flavored e-cigarettes to get young people hooked on potentially dangerous and deadly products," said Health Commissioner Howard Zucker.
Zucker continued, "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 well-being of our children, and we’re confident once the court hears our argument they will agree."
But the association argued the development was an acknowledgement of the strength of its case against the ban.
"The New York state Legislature, instead of enacting a flavor ban, already has decided to address concerns about youth vaping by raising the minimum age for vapor products from 18 to 21 and imposing a major tax increase," said Vapor Technology Association Executive Director Tony Abboud.
Abboud continued, "We continue to stand ready to work with the state of New York and all interested stakeholders on the many real solutions that should be implemented to achieve the twin goals of restricting youth vaping, which already is illegal, and preserving flavored alternatives for adults desperately trying to quit smoking."
Gov. Andrew Cuomo, last month, moved to ban flavored tobacco used in vaping products amid public health concerns and illnesses linked to vaping. Last week, Cuomo and the state Department of Health moved to add menthol flavored tobacco used in e-cigarettes to the ban, a decision cheered by public health advocates.
Cuomo also wants to work with governors whose states border New York to develop a regional vaping and marijuana policy plan.