A New York judge ruled Friday that a New York City ban on flavored tobacco liquid products, enacted via emergency regulation, was an overstep of its authority.
Acting Justice Catherine Cholakis of New York’s Supreme Court noted that such a ban should be reserved for legislative regulation.
“The Council overstepped its authority in adopting the emergency regulation, as the regulation creates out of whole cloth the very policy it seeks to implement,” wrote Cholakis, making clear that nothing in the order and judgment “should be read as in any way trivializing the concern that the availability of flavored e-liquids may well be contributing to the spread of nicotine addiction among our youth.”
This ruling comes after the federal smoking age was recently lifted from 18 years old to 21 years old, and as the FDA and Trump administration announces its plans to combat flavored tobacco products, both an effort to curb use among young people. Other states, including Massachusetts, have instituted similar bans.