New York appeals court grants temporary restraining order of proposed flavor ban

The New York State Appellate Division granted a temporary restraining order in a lawsuit brought by the Vapor Technology Association (VTA), Benevolent ELiquids and Perfection Vapes regarding a proposed flavor ban in New York State, which was set to be enforced Oct. 4, 2019.

The Order entered by four appellate judges ruled that the State is “temporarily enjoined and prevented from enforcing” the flavor ban until a ruling on the motion for a preliminary injunction is determined. That motion is scheduled to be heard on October 18, 2019.

Tony Abboud, executive director of the VTA, said he was pleased with the court’s decision, which acknowledges the strength of the VTA’s claim concerning “the State’s executive overreach, and which preserves the ability of hundreds of small businesses to remain open and continue to serve” adult customers.

“The New York State Legislature, instead of enacting a flavor ban, already has decided to address concerns about youth vaping by raising the minimum age for vapor products from 18 to 21 and imposing a major tax increase,” Abboud said. “We continue to stand ready to work with the State of New York and all interested stakeholders on the many real solutions that should be implemented to achieve the twin goals of restricting youth vaping, which already is illegal, and preserving flavored alternatives for adults desperately trying to quit smoking.”