Judge strikes down flavored vaping ban in New York State

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ALBANY, N.Y. (NEWS10) — A State Supreme Court Justice has denied the State’s proposed ban on flavored vaping products and flavored e-cigarettes in New York.

In September, Governor Cuomo announced he was making an executive order to ban flavored vape products in New York. Court documents obtained by News10 state that shortly after the emergency regulation was adopted, Vapor Technology Association and other corporations involved in manufacturing and selling e-liquids sought an injunction to keep the state from enforcing it.

The ruling, by acting state Supreme Court Justice Catherine Cholakis, mentioned the negative effects the ban would have on the vaping industry as noted by many after the initial ban was announced back in September.

Cholakis also legitimized the State’s concern with vaping among youth, writing “of course, nothing in this Decision, Order, and Judgment should be read as in any way trivializing the concern that the availability of flavored e-liquids may well be contributing to the spread of nicotine addiction among our youth.”

However, ultimately, Cholakis decided the ban overstepped the state’s authority and instead should be handled by the Legislature.

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