KUALA LUMPUR, Oct 23 – Massachusetts’ four-month ban on the sale of all e-cigarettes and vaping products have been ruled to remain in effect for only about a week, by Suffolk Superior Court Judge, Douglas Wilkins.
“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,” said Wilkins, according to CNN.
In his verdict, Wilkins also ruled that, when it comes to nicotine-vaping products specifically, the order “is preliminarily enjoined” from implementation and enforcement after October 28.
CNN reported that 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.
“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,” Wilkins ruled.
Separately, Massachusetts governor Charlie Baker’s administration said that stands by its implementation of the ban.
“The administration declared a public health emergency and ordered a four-month temporary ban for retail and online sales of all vape products to better understand what is making people sick,” Baker’s office said in a statement.
“With today’s ruling, the ban remains in place.
“The administration maintains that the order was properly issued pursuant to the Commissioner’s emergency powers and will work with the Attorney General’s Office on next steps,” the statement from Baker’s office further read.
The ban was implemented following a multi-state outbreak of lung injuries associated with vaping, which is currently in investigation by the US Centers for Disease Control and Prevention, the US Food and Drug Administration, as well as state and local health departments along with other clinical and public health partners, the CNN report said.