Canada's New Brunswick Court of Appeal upheld a lower court's decision not to suspend the province's ban on the sale of flavored e-cigarettes.
The province banned all vaping flavors except tobacco last September, but one vape shop and five people want to resume sales pending a full court challenge to the legislation.
They argue that vaping shops suffer financially from the law, and that without flavored vaping options, people trying to quit smoking will revert to tobacco, which poses greater health risks.
In March, a Queens court ruling said the government passed the legislation to protect the health of residents, especially young people.
Appeals Court Judge Brad Green said in his one-line decision Thursday that the motion for leave to appeal was dismissed.
No date has been set for a full constitutional challenge.