Final month, Massachusetts Governor Charlie Baker, urged the general public well being council to set in place a 4 month statewide ban on the gross sales of all vaping gadgets. “I’m formally declaring a public well being emergency within the Commonwealth attributable to extreme lung illness related to using e-cigarettes and marijuana-infused vaping merchandise,” he mentioned throughout a press convention.

In response to this, final week the VTA filed a lawsuit within the U.S. District Courtroom in Boston towards Gov. Charlie Baker (R-MA) and Public Well being Commissioner Dr. Monica Bharel, for damages being brought on by the four-month ban on vape merchandise and gadgets, together with marijuana and nicotine.

The lawsuit asks the court docket to declare the ban unconstitutional

The statewide ban will decimate the state’s vaping business inflicting “irreparable hurt” to many effectively that means and law-abiding retailers, producers, and distributors.

The VTA, which within the lawsuit joined 4 vaping retailer house owners, is requesting that the court docket “enjoin and declare as unconstitutional the emergency order issued by Commissioner Bharel that has shuttered and can irreparably destroy Massachusetts’ $331 million nicotine-vapor merchandise business and the livelihoods of the two,500 staff that it employs.”

The lawsuit factors out that until halted, the statewide ban will decimate the state’s vaping business inflicting “irreparable hurt” to many effectively that means and law-abiding retailers, producers, and distributors.

The ban doesn’t differentiate between regulated and illicit merchandise

The VTA provides that the ban “makes no distinction between the black-market vaping merchandise on the heart of (the) outbreak and the FDA-regulated merchandise produced by respectable producers. And, whereas purporting to focus on the issue of youth vaping, the emergency order comprises no provisions expressly directed at youngsters. As a substitute, the emergency order implements a categorical ban on the sale or show of vaping merchandise to all individuals, threatening to destroy a complete business and the livelihoods of Massachusetts residents.”

Moreover, in step with analysis findings and arguments by public well being consultants, the VTA factors out that the ban might be counterproductive to public well being as people who smoke who had turned to the gadgets with the intention to give up, won’t have entry to the safer alternate options and might be extra more likely to resort again to smoking.

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