Vapouround magazine Issue 25 | Page 18

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