ALBANY, N.Y. (AP) — The vaping industry is suing to nullify New York's first-in-the-nation ban on the sale of flavored e-cigarettes.

The industry's trade group and two New York vaping companies filed the lawsuit in state court this week against the state's health department and public health council.

New York's ban comes as federal health officials investigate a mysterious surge of severe breathing illnesses linked to vaping.

The prohibition covers flavored e-cigarettes and other vaping products except for menthol and tobacco flavors. Retailers also face a looming deadline to remove merchandise from store shelves.

Vapor Technology Association Executive Director Tony Abboud says New York's ban unfairly targets former smokers who rely on flavors while failing to address marketing to youth.

Democratic Gov. Andrew Cuomo proposed the emergency ban citing surging use among young people.

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