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 The appellate court ruling puts a hold on the ban that was announced
by New York state's Democratic Governor Andrew Cuomo last month in
response to widespread growing concern about the rising use of
e-cigarettes among teens and a nationwide spate of lung illnesses.
The ban, which was due to start on Friday, will remain on ice until
at least Oct. 18 when the Supreme Court in Albany is scheduled to
hear the case brought by industry trade group Vapor Technology
Association arguing for a preliminary injunction on the ban.
"We are very pleased with the New York State Appellate Division's
decision, which acknowledges the strength of our claims about the
State's executive overreach, and which preserves the ability of
hundreds of small businesses to remain open and continue to serve
their adult customers," Tony Abboud, executive director of the
association said in an emailed statement.
New York Health Commissioner Howard Zucker said he remained
confident the ban would eventually be enforced.
"Make no mistake: this is 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," Zucker said in a statement.
A handful of states have imposed or are eyeing similar bans as the
crisis grows and the U.S. Centers for Disease Control and Prevention
recommends people stop using vaping products.
Governors in Michigan and Rhode Island have announced sales
restrictions, while Massachusetts imposed an outright ban for four
months while it examined potential new regulations. Ohio's state
governor this week urged lawmakers to pass a ban.
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U.S. health officials earlier on Thursday reported 18 deaths due to
a mysterious lung illness linked to e-cigarettes and other vaping
products and said the number of confirmed and probable cases of the
condition now exceeds 1,000.
The U.S. Federal Trade Commission also on Thursday ordered several
e-cigarette companies, including Juul Labs Inc and Nu Mark, to turn
over sales and advertising data, in the first sign of a likely probe
of their marketing practices. Tobacco giant Altria Group Inc owns Nu
Mark and has a 35% stake in Juul.
Abboud noted that New York state lawmakers had already raised the
minimum age for the purchase of vapor products from 18 to 21 from
November and imposed a tax increase.
He said the lobby group was ready to work with officials "to achieve
the twin goals of restricting youth vaping, which already is
illegal, and preserving flavored alternatives for adults desperately
trying to quit smoking."
The New York state Department of Health had pledged to provide
retailers with a two-week grace period before conducting site visits
to enforce the ban on all flavored e-cigarettes besides tobacco and
menthol.
(Reporting by Kanishka Singh in Bengaluru; editing by Jane Wardell)
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