The ruling hinders the state's planned prohibition of flavored vaping products that was set to begin on Friday. | Getty Images New York flavored vape ban blocked 1 day before planned prohibition

The New York State Appellate Division granted a temporary restraining order against New York's emergency ban on flavored nicotine products, officials announced this afternoon.

The ruling — which emerged from a lawsuit filed by the Vapor Technology Association, Benevolent ELiquids Inc., and Perfection Vapes — hinders the state's planned prohibition of flavored vaping products that was set to begin on Friday in the wake of more than 1,000 vaping-related illnesses popping up across the nation.


“It is undeniable that the vaping industry is using flavored e-cigarettes to get young people hooked on potentially dangerous and deadly products," New York State Department of Health Commissioner Howard Zucker said in a statement. "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."

The vaping industry applauded the ruling by four appellate judges for acknowledging "the strength of our claims about the state’s executive overreach, and which preserves the ability of hundreds of small businesses to remain open and continue to serve their adult customers," Tony Abboud, executive director of the Vapor Technology Association, said in a statement.

The state's Public Health and Health Planning Council met on Sept. 17 to vote in favor of a ban before adding menthol to the list of banned flavors on Sept. 26. The state allowed a period of time for businesses to prepare for the ban which would have gone into effect Oct. 4.

Advocates and some public health experts have said flavored nicotine products are being treated as a scapegoat for the national uptick in respiratory illnesses, so far linked to THC-oil vaping.

"We continue to stand ready to work with the State of New York and all interested stakeholders on the many real solutions that should be implemented to achieve the twin goals of restricting youth vaping, which already is illegal, and preserving flavored alternatives for adults desperately trying to quit smoking," Abboud said.

The state will not be able to enforce the ban on flavored nicotine products until a ruling on the motion for a preliminary injunction is issued, according to the Vapor Technology Association, a trade group.

That motion is scheduled to be taken up by the court on Oct. 18.