New York’s emergency ban on the favored e-cig was imposed last month amid the epidemic health crisis and death which are linked to “Vaping” had been temporarily blocked by the sate’s appeal court after a challenge from an industry group.

Michigan was the first state to implement a limited ban on the e-cigarettes last month but then New York’s governor, Andrew Cuomo also announced a ban on thousands of flavor of e-cigarettes and vaping liquid like Mango, Bubble gum and cotton candy.

A counter law-suit was filed by the Vapor Technology Association which is a Washington-based group to stop the ban from taking effect saying that the overwhelming majority of the illness being probed are directly tied to black market products containing THC the psychoactive ingredient in marijuana, and not regulated nicotine products. On Thursday, an appeals court in Albany temporarily blocked the action pending further arguments scheduled for Oct. 18.

“It is undeniable that the vaping industry is using flavored e-cigarettes to get young people hooked on potentially dangerous and deadly products,” New York State Health Commissioner Howard Zucker said in a statement. “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.”

In the US, the number of vaping-related lung injury cases jumped to as high as 1,080 and death from this was around 18 according to the CDC.

Officials haven’t determined the cause of the outbreak or identified any single product or substance responsible for causing the injuries.

The CDC is working with the Food and Drug Administration and state health partners to investigate the cause or causes. A study published Wednesday by Mayo Clinic pathologists said the ailments are most likely caused by exposure to toxic chemicals.

The lower court case is Vapor Technology Association v Cuomo, 906514/2019, New York State Supreme Court, Albany County. The appeals court case is In the matter of Vapor Technology Association v Cuomo, New York State Supreme Court, Appellate Division, Third Department.