E-cigarette ban still undecided

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ALBANY, NY – The fate over a preliminary injunction for New York State’s flavored e-cigarette ban is still up in the air.

Earlier this month an appellate court put a temporary restraining order on it.

But, as NewsChannel 34’s Corina Cappabianca shows us, a decision could happen any day now.

Last month the Vapor Technology Association and two vaping businesses filed a lawsuit against the state over the ban on flavored e-cigarette products put into law through executive action.

Vape shop owners argued the real problem was black market products.

((Mike Kruger, NYS Vapor Association))
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.

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.

Today was the deadline for both sides to submit written arguments.

But, a decision doesn’t have to be made today.

Earlier this week health organizations like the Medical Society of the State of New York signed onto a memo, urging the courts to deny injunctive relief to protect children.

(( Dr. Arthur Fougner, Medical Society of the State of New York)) The nicotine content’s pretty high, 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.

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