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Last week, we reported that New York State had opted to ban all flavored vaping products.  

The day before that restriction was scheduled to begin, an appellate court issued an injunction enjoining the State from implementing the ban until such time as a lower court has had an opportunity to chime in on the issue.  

Alleging the Governor’s action would “decimate” the vaping industry, the Vapor Technology Association (VTA) filed suit, and a lower court is scheduled to hear the Association’s request for a preliminary injunction on October 18.  

“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, and which preserves the ability of hundreds of small businesses to remain open and continue to serve their adult customers,” Tony Abboud, the executive director of the VTA, told the New York Law Journal.  

Remaining steadfast, New York State Health Commissioner Dr. Howard Zucker said in a statement that youth vaping is a “public health emergency that demands immediate action.” He 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." 

To view our earlier articles on this topic, see here and here

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