New York E-Cig Ban Temporarily Stopped

NEW YORK CITY—The New York State Health Department has begun telling callers that the e-cigarette flavor ban from the Cuomo administration is “not in effect at this time,” according to a press release by the New York Association of Convenience Stores. The move comes from the Appellate Division of State Supreme Court, Third Department, which has stated that “Governor Cuomo and his Health Department [are] ‘temporarily enjoined and prevented’ from enforcing the ban.”

Few details regarding the temporary restraining order are available at this time. Reports allege that the Cuomo administration is appealing the ruling to get the ban reinstated and little is known regarding how long the restraining order would remain in effect. However, for the time being, New York retailers may continue the sale of flavored e-cigarettes.

Many wholesalers and retailers have already cleared their shelves of the banned products in accordance with the original October 4 deadline. The temporary restraining order causes these retailers and others about to follow in suit to be stuck in a state of hiatus regarding deciding what to do in regard to the products. The decision to keep or reorder products puts them at risk of being liable under the Cuomo administration’s ban. Thus, for retailers it is critical for a ruling regarding the appeal to be issued swiftly and give sufficient notice for retailers to adjust their sales practices prior to coming into compliance.

The next legal step is a determination by the State Supreme Court in Albany County on the Vaping Technology Association's motion for a preliminary injunction against the ban. As more details emerge, NACS will work to provide its members with the most up-to-date information regarding this unfolding case.

Compliance and regulations Category Management Compliance and regulations Product availability Inventory management Replenishment Wholesale distribution Store level executions Store maintenance Tobacco New York