A judge has blocked New York state from enforcing a ban on flavoured vape products
The executive order banning the sale of all but tobacco and menthol was issued in September last year.
The emergency ban was successfully challenged by the Vapor Technology Association (VTA).
The VTA argued that a ban would force vape businesses across the state to close.
Acting state Supreme Court Justice Catherine Cholakis ruled that the Public Health and Health Planning Council did not have the authority to ban the products.
Regulating the industry is the responsibility of state Legislature, Cholakis said.
A spokesman for governor Andrew Cuomo said that the ruling was ‘unfortunate’ but said that the judge acknowledged that youth vaping was a serious problem.
Spokesman Kyle Kotary said:
“We’re reviewing the decision, evaluating our procedural options and moving forward with comprehensive legislation to address the public health concerns related to vaping.”
Meanwhile, lawmakers in New Jersey are to vote on controversial Senate Bill 3265 later today.
If passed, vape retailers will be prohibited from selling the majority of flavours within the state.
Officials opted to proceed with the legislation despite hours of testimony from vapers as well as retailers who would be forced to close if a ban was implemented.
Sponsors believe that a flavour ban will reduce underage use of the products.
Assemblyman Herb Conoway said:
“We’re seeing dramatic increases… among high school students.
“These flavors, in particular, are designed to attract youths.”
The Legislature held off on a vote to ban the sale of menthol cigarettes after Senate President Steve Sweeney said that the ban would impact tax revenue.
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