Syracuse, N.Y. -- The flavored vape ban New York planned to enforce Friday morning has been put on hold by the courts.

The Vapor Technology Association, which sued the state over the ban, argued for a temporary halt to enforcement until its suit was heard. An Albany judge denied the request, but the association took the case to the state Appellate Division today and won a restraining order earlier this afternoon, the organization said.

The state will not be allowed to enforce the ban, which included all flavored vaping liquids and cartridges except for tobacco flavor. The state and the industry will be able to make their case before a judge on Oct. 18. Until then, stores will continue selling the flavored e-liquids.

The vaping association called the state’s emergency ban “overreach."

"The New York State Legislature, instead of enacting a flavor ban, already has decided to address concerns about youth vaping by raising the minimum age for vapor products from 18 to 21 and imposing a major tax increase. 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,” Tony Aboudd, executive director of the Vapor Technology Association said in a statement.

Bad Drip labs in Rochester had been packing up to move its business to North Carolina this week. The company makes and sells flavored e-liquid. The warehouse had already been packed up as of Wednesday. The company’s vice president said their 16 retail stores in New York will continue to sell flavored e-liquid.

New York Health Commissioner Dr. Howard Zucker said the court order will not deter the department from its goal.

“It is undeniable that the vaping industry is using flavored e-cigarettes to get young people hooked on potentially dangerous and deadly products. 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," Zucker said in a statement. "Make no mistake: this is a public health emergency that demands immediate action to help ensure the well-being of our children, and we’re confident that once the court hears our argument they will agree.”

Vaping has become so common in Central New York schools that kids do it in class while teachers turn their heads.

Gov. Andrew Cuomo called for the emergency ban last month, addressing concerns about a spate of serious vaping-related lung illnesses. The exact cause of those illnesses still is not clear. The state health department found that most of the New York cases had been linked to black-market vaping products with THC in them. The CDC found that was the case with 77 percent of its cases. But public health officials say vaping is not safe, especially not for the growing number of teens who are doing it.

Marnie Eisenstadt writes about people and public affairs in Central New York. Have an idea or question? Contact her anytime: email | twitter| Facebook | 315-470-2246

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