Massachusetts vaping ban can stand, but state must fix flaws in a week

 

A controversial temporary ban on the sale of all vaping products in Massachusetts can stand for now, a judge ruled Monday, saying the ban as written is likely unlawful but halting it immediately would "contravene the public interest." 

The decision, denying a request for an injunction from the vaping industry, is a partial win for Republican Gov. Charlie Baker, who enacted the strongest measure taken by any state to combat a national outbreak of vaping-related lung injuries.

But Suffolk County Superior Court Judge Douglas Wilkins, in a written order, questioned the legality of components of Baker's executive order and said the four-month ban issued Sept. 24 can only remain if the commonwealth addresses the problems. 

The judge gave the state until Oct. 28 to rewrite the ban. He also said the state must hold a public hearing, as required by state law, so affected vape shops and others can weigh in, and provide a fiscal impact to businesses.

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