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Judge strikes down New York vape ban

Jan 13, 2020 12:55 am
Brendan J. Lyons reports for the Times Union that acting state Supreme Court Justice Catherine Cholakis struck down New York's ban on the sale of flavored electronic liquids this weekend. The judge's ruling for the Vapor Technology Association challenged the legality and constitutionality of an emergency order issued last year by Gov. Andrew Cuomo and the state Health Department banning certain vaping products. Cholakis wants the Legislature to decide the issue. "Of course, nothing in this decision, order and judgment should be read as in any way trivializing the concern that the availability of flavored e-liquids may well be contributing to the spread of nicotine addiction among our youth," Cholakis wrote. "Rather, this court's holding on the present motion is limited to the recognition that there is a likelihood that petitioners (the vaping industry) will ultimately succeed in proving that the emergency regulation is an impermissible administrative transgression into territory that is reserved to our Legislature by the state Constitution." Cuomo issued the executive order without public notice and public comment periods normally used for regulatory action. Last year there were many vaping illnesses and some deaths, which led to many quickly written laws around the country. Assemblyperson Linda Rosenthal co-sponsored a 2016 bill to ban flavored e-cigarette sales, and has said she will bring up the legislation again this month. "I believe this kind of thing should be codified in statute," she said. "It will have a much stronger, lasting impact than regulations, which can be challenged as we're now seeing." Read more about this story in the Times Union.