Statewide vaping sales ban survives legal challenge

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A Superior Court judge on Monday allowed Gov. Charlie Baker's ban on the retail sale of vaping products to remain in place, but set deadlines for the administration to amend its order to allow for greater public feedback.

The 32-page ruling by Judge Douglas Wilkins sympathized with the plaintiffs, including the Vapor Technology Association. He wrote that the plaintiffs "have certainly suffered, and will suffer, very great and irreparable financial impact."

Wilkins wrote, however, that "the balance of harms weigh in the defendants' favor in some respects" and ruled the ban implemented by Baker and Department of Public Health Commission Monica Bharel can stand for now.

The plaintiffs argued Baker's order amounted to executive overreach, violating the state constitution's separation of powers.

The judge did not challenge the ban on marijuana vaping products, but gave the administration until next Monday to issue the ban on nicotine vaping products as an emergency regulation, and to hold a public hearing on a ban on nicotine vaping products by Dec. 24.



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