Gov. Charlie Baker’s temporary four-month ban on the sale of all vaping products could destroy new businesses based around the industry, vaping merchants said.
Behram Agha, owner of VaporZone in Saugus is fighting back. He filed a lawsuit in Suffolk Superior Court against the Commonwealth in an attempt to overturn the ban.
“It’s unfair. It’s really unfair,” Agha said. “Seven years of hard work gone in split seconds.”
Agha’s attorney Craig Rourke said the ban is more than just unfair.
“It’s unconstitutional and it’s illegal because Governor Baker violated the statute by manufacturing a crisis in order to declare an emergency public health crisis.”
Baker announced the temporary ban Tuesday, declaring a public health emergency after multiple instances nationwide of severe lung disease associated with the use of e-cigarettes and marijuana vaping products.
The state Department of Public Health unanimously approved the ban 11-0, and state police will be allowed to seize any vaping products in stores until January 25, 2020, unless further action is taken.
“If people choose to pursue the courts, that is an available option to them,” Baker said. “But, we believe we are doing the right thing.”
Agha blames the nationwide spike in vaping related deaths and illnesses on black market vaping products. He said he only uses FDA approved materials.
“We follow all the rules that the Board of Health gave us down to the last line,” the owner said.
Agha said he knows his business will not survive the four-month ban.
“It’s devastating,” he said. “Not to me, just my employees and the customers we have.”
“I totally get that there is disruption associated with this,” Baker countered. “But, compared to the rising number of people who are perfectly healthy but have this terrible, debilitating injury to their lungs or in fact are on the verge of dying, it seemed like the right choice.
Agha said he just wants a chance to have his voice heard.