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Judge Rules Massachusetts Vape Sales Ban Can Remain In Place, but requires changes

Suffolk Superior Court Judge Douglas H. Wilkins made the ruling Monday

A Massachusetts judge ruled on Monday that the state’s four-month ban on the sale of all e-cigarettes and vaping products can remain in effect — but only for about a week.

The ruling, made by Suffolk Superior Court Judge Douglas Wilkins, came after the Vapor Technology Association and vape store owners called for the ban to be lifted in a complaint against Massachusetts Gov. Charlie Baker and Massachusetts Department of Public Health Commissioner Dr. Monica Bharel.

Wilkins wrote that “while the plaintiffs have shown a likelihood of success, the balance of harms weigh in defendants’ favor in some respects, and an immediate injunction against the entire Order would contravene the public interest.”

Wilkins also ruled that, when it comes to nicotine-vaping products specifically, the order “is preliminarily enjoined” from implementation and enforcement after October 28. In the meantime, the state will have to make changes to the order regarding the sale of nicotine-containing vaping products.

“The court therefore allows the defendants an opportunity to cure the defects,” Wilkins ruled regarding the sale of nicotine-containing products. “Nothing in this Memorandum and Order shall affect the validity of the defendants’ Order as applied to products containing tetrahydrocannabinol (THC) and any other cannabinoid or to black market products.”

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