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 because of extreme lung illness related to using e-cigarettes and marijuana-infused vaping merchandise,” he stated throughout a press convention.

In response to this, final week the VTA filed a lawsuit within the U.S. District Court docket 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 courtroom to declare the ban unconstitutional

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

The VTA, which within the lawsuit joined 4 vaping retailer house owners, is requesting that the courtroom “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 employees that it employs.”

The lawsuit factors out that except halted, the statewide ban will decimate the state’s vaping business inflicting “irreparable hurt” to many properly which 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 middle of (the) outbreak and the FDA-regulated merchandise produced by legit producers. And, whereas purporting to focus on the issue of youth vaping, the emergency order incorporates no provisions expressly directed at kids. 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 whole business and the livelihoods of Massachusetts residents.”

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

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