ALBANY – A state Supreme Court justice struck down New York’s ban on the sale of certain flavored electronic liquids, granting an injunction sought by the vaping businesses that challenged the legality and constitutionality of an emergency order issued last year by Governor Andrew Cuomo and the state Health Department.
According to the Albany Times-Union, the decision by acting state Supreme Court Justice Catherine Cholakis noted the devastating impact the emergency order would have on the vaping industry while also acknowledging the real threat that vaping has had on public health.
But Cholakis found that the state had overstepped its authority and that the regulation of the vaping industry and flavored e-cigarettes in particular should be handled by the Legislature.
The vaping industry, which sought an injunction keeping the state from enforcing the order and declaring it unconstitutional, had argued that losing the case would have resulted in the shuttering of many of their businesses across the state.
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