Final month, Massachusetts Governor Charlie Baker, urged the public well being council to set in location a 4 month statewide ban on the sales of all vaping devices. “I’m officially declaring a public well being emergency in the Commonwealth due to extreme lung illness related with the use of e-cigarettes and marijuana-infused vaping goods,” he mentioned through a press conference.

In response to this, final week the VTA filed a lawsuit in the U.S. District Court in Boston against Gov. Charlie Baker (R-MA) and Public Well being Commissioner Dr. Monica Bharel, for damages becoming brought on by the 4-month ban on vape goods and devices, like marijuana and nicotine.

The lawsuit asks the court to declare the ban unconstitutional

The statewide ban will decimate the state’s vaping market causing “irreparable harm” to quite a few effectively which means and law-abiding retailers, suppliers, and distributors.

The VTA, which in the lawsuit joined 4 vaping retailer owners, is requesting that the court “enjoin and declare as unconstitutional the emergency order issued by Commissioner Bharel that has shuttered and will irreparably destroy Massachusetts’ $331 million nicotine-vapor goods market and the livelihoods of the two,500 workers that it employs.”

The lawsuit points out that unless halted, the statewide ban will decimate the state’s vaping market causing “irreparable harm” to quite a few effectively which means and law-abiding retailers, suppliers, and distributors.

The ban does not differentiate among regulated and illicit goods

The VTA adds that the ban “makes no distinction among the black-marketplace vaping goods at the center of (the) outbreak and the FDA-regulated goods created by reputable suppliers. And, although purporting to target the issue of youth vaping, the emergency order consists of no provisions expressly directed at young children. Alternatively, the emergency order implements a categorical ban on the sale or show of vaping goods to all persons, threatening to destroy an whole market and the livelihoods of Massachusetts citizens.”

On top of that, in line with analysis findings and arguments by public well being authorities, the VTA points out that the ban could be counterproductive to public well being as smokers who had turned to the devices in order to quit, will not have access to the safer options and will be much more most likely to resort back to smoking.

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