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Judges granted a temporary restraining order Thursday, Oct. 3, that prevents the state from enforcing the ban of flavored e-cigarettes following a lawsuit filed by Vapor Technology Association, a Washington D.C., based trade group.
The temporary ban allows time for a lower-court group to rule on the motion for a preliminary injunction on Friday, Oct. 18, the group said.
Health officials were ready to begin enforcing fines of up to $2,000 on Friday, Oct. 4, according to the state Department of Health.
Gov. Andrew Cuomo ordered the ban on Sept. 15, through an emergency executive action, following the spread of a vaping-illness that has killed up to 16 people across the country.
State Health Commissioner Dr. Howard Zucker responded to the ruling on Thursday:
“It is undeniable that the vaping industry is using flavored e-cigarettes to get young people hooked on potentially dangerous and deadly products," Zucker said. "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."
Zucker also said that vaping was a public health emergency that demands "immediate action to help ensure the wellbeing of our children, and we’re confident that once the court hears our argument they will agree.”
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