New York ban on hold

Tony Abboud

A state appellate court has put New York’s ban on the sale of flavored vapor products on hold.

Judges granted a temporary restraining order Thursday that stops the state from enforcing a ban set to begin today. They are expected to rule on a preliminary injunction on Oct. 18.

The ban, announced in late September, had been challenged by the Vapor Technology Association (VTA) and two New York retailers, who claimed that the state’s ban exceeded authorities’ constitutional, statutory and administrative authority.

VTA Executive Director Tony Abboud said that the court’s decision “acknowledges the strength of our claims about the state’s executive overreach.”

Vape-shop owners have said that the ban would effectively put them out of business because flavored products make up the majority of sales.

Health officials pushed for the ban in response to rising underage vaping and a rash of unexplained vaping-related illnesses throughout the United States.