A Massachusetts judge on Monday ruled that the state’s temporary ban on the sale of vaping products can stand. However, the state has until October 28 to correct what the judge saw as unlawful aspects of the ban.
Suffolk County Superior Court Judge Douglas Wilkins denied a request from Vapor Technology Association (VTA), an industry trade group, for an injunction on the ban. He said that while the ban as is would likely not survive legal challenge, halting it would “contravene the public interest.”
In addition to the requirement to redo the ban, the state must provide an opportunity for comment from the public, including representatives of the vaping industry.
VTA argued that the emergency order was an unconstitutional overreach, as it targeted an epidemic of youth vaping injuries by enacting a ban on sales to any person, regardless of age. The group also argued that vaping products containing THC were the main source of the medical issues, rather than nicotine-based products.
According to the Centers for Disease Control and Prevention, illnesses associated with vaping are now responsible for at least 33 deaths and 1,479 cases of pulmonary disease. The first vaping-related death in Massachusetts was reported this month.