Ban survives challenge

| October 7, 2019

A U.S. District Court has rejected a temporary restraining order sought by the vapor industry to halt a four-month ban on the sale of vapor products in Massachusetts.

Judge Indira Talwani ruled that the plaintiffs did not suffer irreparable harm to warrant immediate relief. She said granting the temporary restraining order
would conflict with the public interest.

A broader legal challenge to the ban will be decided on Oct. 1.

Joseph Terry, an attorney representing vapor companies, said the ban “presents an existential threat to their businesses and their industry.” He said
retail shops have had to let go of employees and have struggled to pay rent, which he argued means they’ve been “irreparably harmed.”

The judge argued the companies can still sell outside of Massachusetts. Massachusetts’ ban applies to online and retail sale of nicotine and marijuana
vapor products and devices and extends through Jan. 25, 2020.

Category: Breaking News, Litigation, Vapor

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