Both New York and Utah’s recently announced emergency flavored e-cigarette bans have been delayed.
New York’s ban was slated to take effect Friday as planned, but is postponed after a state appellate court granted a motion to temporarily delay the new rule.
The state Appellate Division’s Third Department granted the restraining for the Vapor Technology Association. Four appellate justices said the order will remain in effect until a lower court decides on their motion for a preliminary injunction.
A state Supreme Court justice is scheduled to hear arguments in the case Oct. 18. A preliminary injunction would prevent the ban from taking effect until a lawsuit challenging its constitutionality is decided.
“We are very pleased with the New York State Appellate Division’s decision, which acknowledges 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,” said Tony Abboud, executive director of the Vapor Technology Association.
In its lawsuit, the Vapor Technology Association argues the state’s emergency regulations were “arbitrary and capricious” and crossed the line from administrative rule-making to legislative policymaking.
Meanwhile, the Utah Department of Health said Wednesday the rule would go into effect on Monday, but announced Thursday they’d delayed it until Oct. 21 to give retailers time to comply with the rules.
According to a statement from the department, the change comes after health department officials spoke with retail industry representatives.
“Our intent is to work with retailers to help them become compliant, providing them with an additional two weeks to remove flavored e-cigarette products from their shelves moves us in that direction,” the statement read.