Court Knocks Steam Out Of NY's Flavored Vape Ban

NEW YORK — A New York appeals court knocked the wind out of the state's ban on flavored e-cigarettes Thursday, just a day before it was scheduled to take effect.

A panel of judges in the Appellate Division's Third Department blocked state officials from enforcing the ban as they had planned to on Friday.

The decision handed a victory to the Vapor Technology Association, a vaping industry trade group that sued over the policy that an obscure public health panel hastily adopted on Sept. 17.

Dr. Howard Zucker, the state health commissioner who spearheaded the ban, said he was confident his Department of Health would ultimately win the case. Zucker and Gov. Andrew Cuomo have argued that flavored vaping products hook children on nicotine.

"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," Zucker said in a statement. "Make no mistake: this is a public health emergency that demands immediate action to help ensure the wellbeing of our children, and we’re confident that once the court hears our argument they will agree."

The state's Public Health and Health Planning Council adopted emergency regulations to impose the ban on Sept. 17. The policy threatened merchants with fines of up to $2,000 for each time they are caught selling flavored e-cigarette liquids or products containing them.

The Vapor Technology Association brought its lawsuit challenging the measure last week in Albany Supreme Court. The lower court initially denied the group's request for a temporary restraining order blocking the ban, a decision Cuomo celebrated on Friday.

Tony Abboud, the association's executive director, has called the ban "arbitrary and misguided."

"Banning flavors for vapor products, while leaving all flavored combustible products on shelves can only entice all users to smoke more," Abboud said in a statement last week.

Cuomo and Zucker have said the state will move to include menthol products in the flavored e-cigarette ban.