N
F
E
R
H
VAPE WARS IN
MASSACHUSETTS
AS STORE OWNERS
FIGHT FOUR MONTH
SALES BAN
Legal challenge launched as shop
owners forced out of business say the
ban is a misuse of state authority
Words: Patrick Griffin
14 VM25
NEWS
Vape shop owners are suing the state of
Massachusetts for implementing a four-month
emergency sales ban on the ground that the move
is “unconstitutional.”
Massachusetts has banned the sales of all
e-cigarettes and related products, both those
used for tobacco and marijuana, which is legal
in the state, because of a “national public health
emergency.”
However a lawsuit fi led on behalf of a number
of vape businesses affected by the ban says it
undermines the Food and Drug Administration’s
assessment that Electronic Nicotine Delivery
Systems (ENDS) products and e-liquids are safe
to use and distribute.
Attorney Craig O’Rourke, who is representing
the shop owners, said: “People are worried they
will not be able to cover rent, wages and other
expenses. This ban is going to put them out of
business. It’s a death sentence. They’re trying
to fi gure out what to tell their families and their
employees.
“The declaration was arbitrary and capricious and
enforcement of the ban denied my clients and
other shop owners notice and opportunity - both