BOSTON (WHDH) - Massachusetts vape shop owners are hoping a judge will overturn Gov. Charlie Baker’s four-month-old ban on vape products on Monday, and say testimony at a hearing Friday boosts their cause.
At a hearing in Suffolk Superior Court, Department of Public Health Commissioner Monica Bharel described why she pushed for a ban after Massachusetts and other states saw a wave of vaping-related illnesses.
“I became alarmed that there was pulmonary disease related to vaping and e-cigarettes here in Massachusetts as well,” Bharel said. “I thought the burden was on me to make sure we put in place public health protections to protect the public.”
But under cross-examination, Bharel said youth vaping was not an emergency. Craig Rourke, an attorney for vape shop owners, said that countered part of the ban.
“A big part of the order and the declaration was that an emergency exists among youth when it comes to vaping,” Rourke said.
Experts also testified about the potential health damage due to THC products as opposed to nicotine vapes. Dr. Michael Siegel, an expert from Boston University said he did not see any “rational basis” for banning nicotine products, adding the majority of illnesses appeared to be caused by black market THC products.
But Dr. Alicia Casey of Boston Children’s Hospital, who has advised the state, said it was unclear what was causing vaping-related illnesses.
“They do not know what caused this and their findings do not lead them conclusively to a cause,” Casey said.
The judge is expected to make a ruling Monday.
Vape shop owner Behram Agra said he was anxious for a ruling in his favor.
“I’m very hopeful,” Agra said. “We cannot wait to go back to our jobs.”
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