ALBANY, N.Y. (NEWS10) — The fate of flavored e-cigarettes in New York State remains up in the air.
Earlier in the month, an appellate court put a temporary restraining order on Gov. Andrew Cuomo’s emergency ban of flavored e-liquids. However, a decision could happen any day now.
In September, the Vapor Technology Association and two vaping businesses filed a lawsuit against the state over the ban on flavored e-cigarette products that was put into law through executive action.
Vape shop owners argued the real problem was back market products.
“The products sold in vape shops are water-based; the products that we’re finding that are causing these illnesses are illicit street products containing THC and vitamin E acetate,” Mike Kruger with the NYS Vapor Association, said.
A couple of weeks ago, an appellate court put a stay on the ban until a decision was made on the motion for a preliminary injunction. Friday was the day for that motion hearing, but a decision doesn’t have to be made the same day.
Earlier in the week, health organizations like the Medical Society of the State of New York signed onto a memo that urged the courts to deny injunctive relief to protect children.
“The nicotine content’s pretty high,” Dr. Arthur Fougner with the Medical Society of the State of New York said. “It’s how people got hooked on tobacco in the first place. They kept raising the nicotine content.”
It’s now up to a judge to decide whether or not they would like to hear oral arguments. If that happens, that would be when the next public hearing would occur.
More from NewsChannel 9: