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New York State Flavor Ban PAUSED

New York State Flavor Ban PAUSED

Update 3:52 PM


This afternoon, the New York State Appellate Division granted a temporary restraining order in the lawsuit brought by the Vapor Technology Association, Benevolent ELiquids Inc., and Perfection Vapes, regarding the proposed flavor ban in New York State, which was set to be enforced tomorrow, October 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 Vapor Technology Association said, “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. 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. We continue to stand ready to work with the State 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 seeking to quit smoking.”

Message taken from Vapor Technology email blast courtesy of Demand Vape

At approximately 1:00PM Eastern Standard Time our team confirmed with the New York State Department of Health; that the impending flavor ban has been temporarily suspended. This is due to a recent case filed against New York State through a federal court in Albany. The case is still ongoing and not much information has been provided. So far we've heard a few excerpts from people familiar with the case and have confirmed this with the NYS Health Department. 

People familiar with the case say the federal judge has asked the state to produce evidence that deaths from vaping contaminated and black market THC products are related to flavors, specifically the banning of flavors. At this point this is all the information we know. We will keep you updated as we became made aware of new information.

Edit: Information found from Twitter user @ECIGAttorney,  reposted from a live video that appeared on Facebook week of September 30th 2019. 

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Listen to audio of Ken owner of Bad Drip calling the New York State Health Department

Audio courtesy of Sammy from VaperGoods, a New York based distributor. Ken is one of the owners of Bad Drip.

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