Claim: Judge blocks NY ban on flavored vaping products.
Verdict: SUPPORTS

Retrieved passages:
title: William R. Spencer
text: individuals under 21. Such products include cigarettes, chewing tobacco, e-cigarettes, liquid nicotine, rolling papers, and smoking apparatuses. In late 2014, Spencer co-sponsored a resolution with his colleague, Presiding Officer DuWayne Gregory to ban the sale of powdered caffeine to minors in Suffolk County. The highly potent substance, which is nearly 100% caffeine, has been linked to at least 2 deaths in the United States. After the passage of the legislation, Dr. Spencer joined a group of advocates to meet with the FDA and five US Senators and discuss the dangers posed by powdered caffeine products. Since the delegation, the FDA

title: Food and Drug Administration
text: and the American Advertising Federation have also filed a brief in the suit, arguing that the labels infringe on commercial free speech and could lead to further government intrusion if left unchallenged. In November 2011, Federal judge Richard Leon of the U.S. District Court for the District of Columbia temporarily halted the new labels, likely delaying the requirement that tobacco companies display the labels. The U.S. Supreme Court ultimately could decide the matter. In July 2017, the FDA announced a plan that would reduce the current levels of nicotine permitted in tobacco cigarettes. With acceptance of premarket notification 510(k) k033391

title: Scott Gottlieb
text: Americans over centuries of cultivation and consumption." In September 2018, citing an epidemic of use of electronic cigarettes by teenagers, Gottlieb announced that the FDA would seek to ban flavors in e-cigs as a way to reduce their appeal to youth. On November 8, 2018, it was reported that the FDA was "expected to announce a ban on the sale of most flavored e-cigarettes in tens of thousands of convenience stores and gas stations across the country," according to senior agency officials, and "the agency will also impose such rules as age-verification requirements for online sales." The reports noted that

title: Frederic Block
text: involving members of the Orthodox Jewish Chabad group. Judge Block dismissed claims of copyright infringement and unfair competition brought by Vaad L'Hafotzas Sichos and Zalman Chanin against Merkos and Agudas Chasidei Chabad. On May 24, 2016, Judge Block ordered a sentence of one year of probation (rather than the guideline 33-41 month imprisonment) for a defendant who was convicted by a jury of importation and possession of cocaine with the intent to distribute. In a 44-page opinion, Judge Block described that the "collateral consequences" facing convicted felons are punishment enough. Judge Block's opinion and call for reform appears to be

title: Scott Gottlieb
text: cigars, declaring, “I will not allow a generation of children to become addicted to nicotine through e-cigarettes,” FDA Commissioner Scott Gottlieb announced “most flavored e-cigarette liquids would be banned from stores unless they have stringent age-verification measures in place. Fruity and creamy flavors that appeal to children will disappear from open convenience store shelves. Users will have to enter specialized vaping shops or tobacco stores to get flavors other than mint, menthol and tobacco. Other stores can sell additional flavors but only if they have separate, age-controlled rooms dedicated to their sale. Web sales, too, will require more extensive age-checking

title: Electronic cigarette
text: some states tax e-cigarettes as tobacco products, and some state and regional governments have broadened their indoor smoking bans to include e-cigarettes. As of 9 October 2015, at least 48 states and 2 territories banned e-cigarette sales to minors. In November 2018 the FDA announced new steps to curb youth vaping while still ensuring the adults who would benefit from electronic cigarettes still had access to a healthier nicotine delivery system. Sales of flavored tobacco products will be limited to adult only stores and online vendors with the exception of tobacco, mint or menthol electronic cigarettes that will remain for

title: Marketing of electronic cigarettes
text: in San Francisco, the Food and Drug Administration (FDA) took a stand on the sale of flavored e-cigarettes in 2018. The ban targeted the sale of flavored tobacco at certain establishments such as retail stores and gas stations. Additionally, the administration planned to require age verification for online orders to ensure that these flavored products did not reach underage patrons. In some jurisdictions, regulations have not been explicit enough to prevent companies from marketing and selling e-cigarettes to minors. Marketing of electronic cigarettes The marketing of electronic cigarettes is legal in some jurisdictions, and spending is increasing rapidly. E-cigarette companies

title: Family Smoking Prevention and Tobacco Control Act
text: issued its ruling, a divided panel for the Sixth Circuit Court of Appeals upheld the constitutionality of the Act in the case of Discount Tobacco City & Lottery v. FDA. On April 22, 2013, the Supreme Court declined review of 6th District's decision. On 12 April 2010, Indonesia filed a formal complaint with the World Trade Organization stating the ban on kreteks (clove cigarettes) in America amounts to discrimination because menthol cigarettes are exempt from the new regulation. Trade Ministry Director General of International Trade Gusmardi Bustami has stated that the Indonesian government has asked the WTO panel to review

title: NJOY
text: Court of Appeals decision and would regulate the category under the Tobacco Control Act rather than under the agency’s drug jurisdiction. The lawsuit thereby established the legal framework for the entire electronic cigarette/vaping industry. Original NJOY achieved significant commercial success following the resolution of its lawsuit with FDA. Much of this early success was due to well-received launch of the NJOY KING, a disposable electronic cigarette in a package and form factor that looks like a cigarette. Main product features included a white paper wrapping, a faux filter that feels like the real thing, and a red “ember” that lights

title: Vape shop
text: The FDA acknowledged that many vape shops will go out of business, but they also state many will stay open, despite hefty costs. Part of the new law requires products to state nicotine is addictive. Some vape shop owners in the US believe a ban on public vaping might put some vape shops out of business because taste-testing would be prohibited. The revised Tobacco Products Directive European legislation will regulate the sale and marketing of e-cigarettes. Small business owners are concerned that the new regulation will make e-cigarettes less interesting to consumers and that this means a downturn of their

title: Regulation of electronic cigarettes
text: smokers and not at those seeking to quit. The District Columbia Circuit appeals court, on 24 January 2011, declined to review the decision "en banc", blocking the products from FDA regulation as medical devices. In April 2014, the FDA proposed new regulations for tobacco products, including e-cigarettes. The regulations require disclosure of ingredients used in e-cigarette liquids, proof of safety of those ingredients, and regulation of the devices used to vaporize and deliver the liquid. The FDA proposed regulation would ban the sale of e-cigarettes with nicotine to any individual under 18 years of age. In August 2014, attorneys general

title: Four Loko
text: did so, former Governor of New York David Paterson announced that Phusion was withdrawing the beverage from the state of New York as of November 19, 2010. On November 20, 2010, Oregon Liquor Control Commission's five citizen commissioners held an emergency meeting resulting in a 4-1 vote on the ban. The ban became effective immediately and was in effect until May 18, 2011. The ban required businesses to cease the sale of alcoholic energy drinks and pull existing items off the shelf, immediately. The sale of the restricted products during this period carried a penalty of 30 day suspension of

title: Regulation of tobacco by the U.S. Food and Drug Administration
text: Jr. ruled largely, but not completely, in favor of the United States and the FDA. Judge McKinley, Jr. ruled that a full ban of graphics and colors on all advertisements and packaging does infringe on the First Amendment rights of tobacco companies to communicate with their adult consumers without reasonably limiting the products’ appeal to youths. However, Judge McKinley, Jr. sided with the defendants on all other contested issues. He ruled that requiring enlarged warnings on packaging is reasonable because it serves to better alert the public about adverse health effects of smoking. He also found that giving the FDA

title: Four Loko
text: and New York City councilman James Sanders Jr. approached the Obama administration to ban Four Loko across the state of New York. On November 17, 2010 the U.S. Food and Drug Administration issued a warning letter to four manufacturers of caffeinated alcohol beverages citing that the caffeine added to their malt alcoholic beverages is an “unsafe food additive” and said that further action, including seizure of their products, may occur under federal law. It declared that beverages that combine caffeine with alcohol, such as Four Loko energy drinks, are a "public health concern" and couldn't stay on the market in

title: Corey Johnson (politician)
text: City Council’s Committee on Health, Council Member Johnson has overseen a number of hearings on major health issues affecting New York City, including the Legionnaires’ outbreak of 2015 and the proliferation of synthetic marijuana, known as K2, in New York. On April 6, 2016, Mayor Bill de Blasio signed into law Johnson’s bill that prohibits the use of smokeless tobacco products, such as chewing tobacco, at sports stadiums and arenas that host events that require a ticket for admission. The legislation effectively banned chewing tobacco from professional baseball in New York City. A similar ban had previously been enacted in

title: Family Smoking Prevention and Tobacco Control Act
text: The bill bans flavored cigarettes, including cloves, cinnamon, candy, and fruit flavors, with a special exception for menthol cigarettes. Because Philip Morris is the largest producer of cigarettes in the United States and the bill would have the effect of eliminating potential competition, the bill has been nicknamed the "Marlboro Monopoly Act of 2009". Philip Morris strongly supports FDA regulation. The exemption was reportedly influenced by the Congressional Black Caucus. The Tobacco Products Scientific Advisory Committee provisioned under the bill is to submit a recommendation on menthol cigarettes to the United States Secretary of Health and Human Services no later

title: Michael Bloomberg
text: Board of Health approved Bloomberg's proposal to ban the sale of many sweetened drinks more than 16 ounces (473 ml) in volume. The limit would have applied to businesses such as restaurants and movie theaters, but did not apply to grocery stores, including 7-Eleven. Diet varieties of sweetened drinks were unaffected. On March 12, 2013, hours before the ban was scheduled to take effect, State Supreme Court Justice Milton Tingling struck it down, ruling that the Board of Health lacked the jurisdiction to enforce it and that the rule was "arbitrary and capricious". The city appealed the decision. On July

title: Regulation of electronic cigarettes
text: empirical evidence and results in spatially uneven diffusion of policy". The time by which applications to market regulated non-combustible tobacco product devices must be submitted for review has been extended to August 8, 2022. As of 8 August 2016, the FDA extended its regulatory power to include e-cigarettes. Under this ruling the FDA will evaluate certain issues, including ingredients, product features and health risks, as well their appeal to minors and non-users. The FDA rule also bans access to minors. A photo ID is required to buy e-cigarettes, and their sale in all-ages vending machines is not permitted. The FDA

title: Nicotine marketing
text: 2009, many tobacco companies made flavored tobacco packaged often in colorful candy like wrappers to attract new users, many of which were a younger audience. However these flavored cigarettes were banned on September 22, 2009 by the Family Smoking Prevention and Tobacco Control Act. Despite this initiative, flavored cigarettes are still on the rise because tobacco companies change their products slightly so they are filtered or slim cigarettes, which are not banned by the act. Chemical additives and physical design have also been used to make "starter products" aimed at youth feel smoother and less irritating, part of efforts to

title: Food and Drug Administration
text: implementation date is uncertain, due to ongoing proceedings in the case of R.J. Reynolds Tobacco Co. v. U.S. Food and Drug Administration. R.J. Reynolds, Lorillard, Commonwealth Brands Inc., Liggett Group LLC and Santa Fe Natural Tobacco Company Inc. have filed suit in Washington, D.C. federal court claiming that the graphic labels are an unconstitutional way of forcing tobacco companies to engage in anti-smoking advocacy on the government's behalf. A First Amendment lawyer, Floyd Abrams, is representing the tobacco companies in the case, contending requiring graphic warning labels on a lawful product cannot withstand constitutional scrutiny. The Association of National Advertisers