Final month, Massachusetts Governor Charlie Baker, urged the public overall health council to set in spot a 4 month statewide ban on the sales of all vaping devices. “I’m officially declaring a public overall health emergency in the Commonwealth due to serious lung illness related with the use of e-cigarettes and marijuana-infused vaping merchandise,” he stated throughout 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 Overall health Commissioner Dr. Monica Bharel, for damages becoming brought on by the 4-month ban on vape merchandise and devices, which includes 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 numerous properly which means and law-abiding retailers, makers, 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 merchandise 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 numerous properly which means and law-abiding retailers, makers, and distributors.
The ban does not differentiate in between regulated and illicit merchandise
The VTA adds that the ban “makes no distinction in between the black-industry vaping merchandise at the center of (the) outbreak and the FDA-regulated merchandise created by genuine makers. And, although purporting to target the issue of youth vaping, the emergency order consists of no provisions expressly directed at kids. Alternatively, the emergency order implements a categorical ban on the sale or show of vaping merchandise to all persons, threatening to destroy an complete market and the livelihoods of Massachusetts citizens.”
On top of that, in line with investigation findings and arguments by public overall health authorities, the VTA points out that the ban could be counterproductive to public overall health as smokers who had turned to the devices in order to quit, will not have access to the safer options and will be extra probably to resort back to smoking.
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