BOSTON (WHDH) - A federal judge is expected to issue a written order Friday regarding two lawsuits challenging Gov. Charlie Baker’s four-month ban on the sale of all vaping products in Massachusetts.
During a plaintiff motions hearing at 10 a.m., the judge said she was leaning toward denying the request for a temporary restraining order, which would have lifted the ban.
Two lawsuits have been filed following the ban, one by an industry trade group and the other representing small, family-run businesses.
“It looks like it is about $5,000 per week per store is what is being lost in revenue,” Craig Rourke the attorney for the shop owners said. “Those are just early estimates.”
The judge has scheduled a hearing on a preliminary injunction for Oct. 15.
A federal lawsuit filed by the Vapor Technology Association claims that the ban will destroy the state’s $331 million nicotine vapor products industry and cause “irreparable harm” to many law-abiding retailers, manufacturers, and distributors.
The association also says the ban poses a public health risk by eliminating what it says is a safer alternative to tobacco and forcing those seeking vaping products to find them on the black market.
In the meantime, many are worried that they may lose their livelihoods.
“I thought we lived in America. We have rights. We don’t got no rights,” Jeffrey Vick, owner of Vick’s Vape Shope in Medford said outside the courthouse.
Vick and his wife Linda were forced to shut their doors after the ban went into effect.
“I have a child who has autism and other medical disabilities and the fact that I might not be able to provide for him is not OK,” she said.
“You don’t know how mad I am,” Jeffery said. “I built this business for my son.”
Massachusetts became the first state to ban sales on all tobacco and marijuana e-cigarette products on Sept. 24.
This came after multiple instances nationwide of lung injuries associated with the use of e-cigarettes and marijuana vaping products.
Baker said the ban would give the state time to put better rules in place to regulate vaping.
Store owners said they were given no notice and call it unfair.
“We have thousands, hundreds of thousands of dollars in inventory sitting soemwhere where we can’t sell,” Linda said. Her husband adding, “Who is going to pay for all that?”
“That is our life savings,” she said.
On Thursday, Connecticut confirmed the state’s first vaping-related death.
Supporters of vaping held a rally outside of the State House Thursday to protest the ban.
Vaping lawsuits: federal court judge says she is leaning towards denying the request for a temporary restraining order. She set a date of Oct 15 for a hearing on a preliminary injunction. Judge says she will issue a written order later this afternoon.
— Sharman Sacchetti (@SharmanTV) October 4, 2019
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