Market Date: 8 July, 2020

New York's ban on flavoured e-cigarettes blocked by court

New York’s crisis ban on flavored e-cigarettes, enforced earlier this month amid an increasing epidemic of diseases and deaths connected to vaping, has been blocked by a state appeals court following a challenge from a business group.

Michigan last month became the first nation to employ a limited ban on flavored e-cigarettes, and New York Governor Andrew Cuomo declared a ban on thousands of tastes of e-cigarettes and vaping liquid such as cherry, bubble gum and cotton candy approximately a couple of weeks afterwards.

The Vapor Technology Association, a Washington-based trade group, sued to block the ban from taking effect, stating that the overwhelming bulk of the disorders being probed are directly connected to black market goods including THC, the psychoactive component in marijuana, rather than controlled cigarette solutions. On Thursday, an appeals court in Albany temporarily blocked the actions pending further discussions scheduled for Oct. 18.

“It is undeniable that the vaping industry is using flavored e-cigarettes to get young people hooked on potentially dangerous and deadly products,” New York State Health Commissioner Howard Zucker said in a statement. “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.”

The variety of vaping-related lung-injury instances across the U.S. has increased to 1,080 and deaths connected to the disease increased to 18 from 12, the U.S. Centers for Disease Control and Prevention said on Thursday. Officials have not determined the reason for the outbreak or recognized any product or material responsible for causing the accidents.

The CDC is working with the Food and Drug Administration and state health partners to look into the cause or causes. A study published Wednesday from Mayo Clinic pathologists stated the ailments are probably due to exposure to toxic compounds.

The lower court instance is Vapor Technology Association v Cuomo, 906514/2019, New York State Supreme Court, Albany County. The appeals court case is In the Subject of Vapor Technology Association v Cuomo, New York State Supreme Court, Appellate Division, Third Department.