A panel of judges has struck down Governor Cuomo’s ban on flavored e-cigarettes.

The State Supreme Court issued a stay, allowing the Vapor Technology Association to appeal the Governor’s move.

Last month a little known state government health panel took emergency action enacting the ban on the sale of flavored e-cigarettes following an increase of respiratory illnesses across New York State and the country associated with vaping products. There are also concerns teens are getting hooked on the flavored versions of the product.

The stay will allow vape shops to remain open and sell flavored products until their challenge can be heard in court.

Many shop owners across the state were saying they would have to go out of business as a result of the ban.