New York State’s ban on flavored e-cigarette products is now on hold

(Photo provided).

New York state’s ban on sales of flavored e-cigarettes and vaping products was scheduled to go into effect today, Friday October 4th, but now that ban has recently been delayed by state courts.

With lawsuits placed by the Vapor Technology Association (VTA) and other pro-vaping companies, four appellate judges ruled that the state is temporarily enjoined and prevented from enforcing the ban until a ruling on the motion for a preliminary injunction is determined. 

The ban will stay on hold until at least Friday October 18th, which is when the motion hearing is scheduled to take place. 

This recent executive action by Governor Andrew Cuomo has caused much controversy. As there have been many cases of deaths and hospitalizations associated with e-cigarettes.

According to the Centers for Disease Control and Prevention (CDC), as of October 1st of this year, about 1,080 lung injury cases and 18 deaths have been reported in 48 different states and one US territory. All of these lung injuries, have been associated with the usage of e-cigarettes or vaping products. 

16% of patients have been found to be under 18-years-old; 21% of patients are 18-to-20-years-old; 18% of patients are 21-to-24-years-old; and 45% are 25-years-old or older, according to the CDC.

“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,” said Health Commissioner Howard Zucker. “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.”

However, what has brought a lot of controversy in the past few weeks, is how most patients have reported a history of using both Vitamin E Acetate and THC-containing products obtained in the black market. 

Among 578 patients within the 3 months prior to symptoms, about 78% reported using THC-containing products, according to the CDC.

“I smoked for 27 years and I haven’t smoked a cigarette in over five years, probably six now,” said Cortland Vape Kult owner Richard DeChick on a previous interview. “I switched to vaping because I got scared. I’m 47-years-old and when I was 42, I couldn’t breathe. I was waking up at night coughing and hacking; I was out of wind going up two flights of stairs. I’m too young for that to happen to me, but now I don’t have any of that. You take this away from people and I can guarantee, people that used to smoke will be going back to cigarettes.” 

The specific chemical causing all of these lung injuries linked with e-cigarette product use remains unknown at this time.

For the time being, vape shops are still able to sell flavored e-cigarette and e-liquid products until a decision is made on October 18th. 

This story may be updated.

For more information about New York State’s ban on flavored e-cigarette, please read up on our previous article: New York State Officially Bans Flavored E-Cigarettes