A panel at the state Department of Health on Thursday moved to extend the state’s ban on flavored vaping products as it faces a legal challenge from an industry group.
The ban, first approved in September, was set to expire this weekend after a 90 day clock wound down. Enforcement of the ban itself has been delayed by a court order amid the lawsuit from the Vaping Association.
“So what while we remain optimistic that we’ll prevail in court, we need to have the emergency regulations approved for an additional 90 days so when we do prevail in court we’ll be able to move immediately to begin enforcing those regulations,” said Brad Hutton, the deputy commissioner for public health at the DOH.
The move was applauded by anti-tobacco advocates.
“The council’s action recognizing the dangers posed to our youth by flavored e-cigarettes is commendable,” said Julie Hart, the American Cancer Society Cancer Action Network’s senior New York government relations director.
“Flavored tobacco products are used by the tobacco industry to lure kids into a lifetime of addiction. Big Tobacco has a long history of targeting the African American community with its menthol products, so inclusion of menthol e-cigarettes is crucial. We look forward to working with Governor Cuomo and the state legislature to strengthen this measure and urge them to pass legislation to restrict all flavored tobacco products, including cigars and menthol cigarettes, to protect all New Yorkers.”
At the same time, state health officials voted to advance a proposed ban on menthol-flavored vaping products, though it is yet to reach final approval.