Mass. ban on vaping product sales allowed to stand

BOSTON (AP) — A state judge on Monday allowed Massachusetts’ four-month ban on the sale of all vaping products to remain in effect but said Gov. Charlie Baker had failed to follow required procedures in enacting the measure.

Immediately lifting the ban as requested by the vaping industry “would contravene the public interest,” Suffolk Superior Court Judge Douglas Wilkins wrote in his decision.

But he said unless the state goes through the proper procedure for the adoption of an emergency regulation, which requires a public hearing, the ban will end next Monday.

“Input from affected industries and members of the public is a potent safeguard against executive abuse of discretion,” Wilkins wrote.

The governor last month announced a statewide ban on the sale of vaping products in response to lung illnesses and deaths attributed to the use of e-cigarette products.

After the governor enacted the ban, several vape shops as well as an industry group challenged it in court, saying it was destroying their business.

Baker’s ban “reflects executive overreach, which violates state constitutional separation-of-powers principles” and is “arbitrary and capricious,” the plaintiffs said.

Tony Abboud, the executive director of the Vapor Technology Association, said in a statement he was pleased the judge recognized that the organization is likely to prevail in court.

“We regret, however, the court’s decision to allow this improper ban to stay in place for a week while the state considers other regulatory alternatives,” he said.