Flavored e-cigarette ban halted on day of enforcement

NY Capitol News

FILE – In this Friday, Jan. 18, 2019 file photo, a man exhales a puff of smoke from a vape pipe at a shop in Richmond, Va. During a Tuesday, Sept. 24, 2019 congressional subcommittee hearing, a U.S. Centers for Disease Control and Prevention official said she believes “hundreds more” cases have been reported to health authorities since the previous week. The CDC then put the tally at 530 confirmed and probable cases of the serious lung illnesses. Nine deaths have been reported. (AP Photo/Steve Helber)

ALBANY, N.Y. (NEWS10) – Over the past couple weeks vape stores across the state worked to sell off flavored e-cigarette products in anticipation of the enforcement of the ban.

“We did see an influx in customers over the last couple weeks. And as far as we knew we had until yesterday to get rid of our flavored e-liquid merchandise,” Mike Kruger, NYS Vapor Association

The ban went into effect on September 17th but there was a grace period to get the products off the shelves.

Some stores even sold them off at discounted rates.

On September 24th, The Vapor Technology Association and two vaping companies filed suit against the state over the ban but lost in a state Supreme Court

It then went to an appeals court where the ban was halted for the time being.

The appellate court will have a motion hearing on October 18th.

“We’re going to be hurting in the short-term as far as seeing those customers that came in and stocked up at a discount because they’re going to be stocked up pretty well now. But, we’ll get through it.”

The New York Department of Health didn’t provide us an interview on the next steps upon request.

In response to Thursday’s court decision the state Health Commissioner 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.”

He continued to call it a “public health emergency” and believes the court will ultimately agree with the Department of Health.

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