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NY court blocks vaping ban in victory for flavored e-cig companies

In a reprieve for Juul and other vaping companies, a state appellate court on Thursday temporarily halted a proposed ban on flavored e-cigarettes that was set to take effect Friday.

The ruling by an appellate panel in Albany delays Gov. Andrew Cuomo’s emergency executive action banning all flavored vape products besides menthol for at least a week, after the vaping industry filed suit to stop it.

The ban will remain on hold until at least Oct. 18, when the parties are back in court.

“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,” said Tony Abboud, who heads the Vapor Technology Association.

State officials promised to press on and defend the ban.

“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,” said state Health Commissioner Howard Zucker. “Make no mistake: this is a public health emergency that demands immediate action to help ensure the wellbeing of our children.”