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Judge Denies Vaping Industry's Request To Delay NY E-Cigarette Ban

ALBANY, N.Y. (AP/CBSNewYork) — A state judge has denied the vaping industry's request to delay a New York emergency ban on flavored e-cigarette sales.

Acting state Supreme Court Justice Gerald Connolly on Friday refused to issue a temporary restraining order on the regulations approved on Sept. 17 by Gov. Andrew Cuomo. Health officials issued them in response to worries that vaping may cause illnesses and that its use is growing among teenagers.

According to data from the state health department, nearly 40 percent of high school seniors and 27 percent of high school students overall in the state use e-cigarettes. Use among high-school students went from 10.5 percent in 2014 to 27.4 in 2018.

RELATED STORY: Survey Finds Thousands Of NYC Middle School Students Are Vaping

The 90-day emergency regulations ban possession, manufacturing, distribution and sale of all vaping flavors except tobacco and menthol. The ban must then be extended or passed into law. The governor applauded Friday's court ruling, saying he wants to also ban sales of menthol-flavored e-cigarettes.

The Vapor Technology Association and two retailers sued Wednesday requesting the temporary injunction on the regulations.

(© Copyright 2019 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

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