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 extreme lung illness linked with the use of e-cigarettes and marijuana-infused vaping goods,” he stated through 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 Wellness Commissioner Dr. Monica Bharel, for damages becoming triggered by the 4-month ban on vape goods and devices, such as marijuana and nicotine.
The lawsuit asks the court to declare the ban unconstitutional
The statewide ban will decimate the state’s vaping business causing “irreparable harm” to quite a few nicely which means and law-abiding retailers, suppliers, 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 goods business 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 business causing “irreparable harm” to quite a few nicely which means and law-abiding retailers, suppliers, and distributors.
The ban does not differentiate among regulated and illicit goods
The VTA adds that the ban “makes no distinction among the black-marketplace vaping goods at the center of (the) outbreak and the FDA-regulated goods created by reputable suppliers. And, though purporting to target the difficulty 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 goods to all persons, threatening to destroy an complete business and the livelihoods of Massachusetts citizens.”
Furthermore, in line with analysis findings and arguments by public overall health specialists, 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 a lot more most likely to resort back to smoking.
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