Arab Press

بالشعب و للشعب
Sunday, Apr 26, 2026

Massachusetts vaping ban allowed to stand for now amid court challenge

Massachusetts vaping ban allowed to stand for now amid court challenge

A federal judge said she will reject a temporary restraining order sought by vaping stores and companies that produce vaping products.
A controversial four-month ban on the sale of vaping products in Massachusetts survived an initial test in federal court Friday, preserving for now the strongest measure taken by any state to combat vaping-related lung injuries that are on the rise.

U.S. District Judge Indira Talwani denied a temporary restraining order sought by vaping shops and companies to halt the ban. In two written orders after a morning hearing, she wrote the plaintiffs did not demonstrate hardships are in their favor or the threat of irreparable harm. She said granting the temporary restraining order would conflict with the public interest.

But a broader legal challenge to the ban won't be decided until later this month. The judge set a hearing for Oct. 15 to take up the plaintiffs' request for a preliminary injunction to stop the ban, which Republican Gov. Charlie Baker announced Sept. 24.

The judge's decision followed a morning hearing on the lawsuit brought by vape shops and vaping companies against Baker and the commonwealth of Massachusetts.

The ban applies to online and retail sale of all kinds of nicotine and marijuana vaping products and devices, and extends through Jan. 25, 2020. Retail shops were forced to clear shelves of products after a state health board approved Baker's plan.

More: Vaping-related lung injury cases surge to 1,080; deaths rise to 18

In deciding against a temporary restraining order, Talwani ruled the companies have not suffered "irreparable harm" to warrant immediate relief.

Separate complaints in Boston federal court came from a coalition of five Massachusetts vape shops and the Vapor Technology Association, the lobbying arm of e-cigarette companies and vaping products.

The Centers for Disease Control and Prevention announced Thursday vaping-related lung injury cases have jumped to 1,080 and at least 18 have died. The specific causes of the illnesses are still not clear. Ten cases of vaping-related lung injures have been reported in Massachusetts.

Nearly four in five cases associated with the outbreak involved people vaping products with THC, alone or with nicotine, the CDC said this week. The agency has recommended that people refrain from using vaping products, particular those using THC, the principal psychoactive compound in marijuana.

Joseph Terry an attorney representing vaping companies, said the ban "presents an existential threat to their businesses and their industry." He said retail shops have had to let go employees and have struggled to pay rent, which he argued means they've been "irreparably harmed."

"My clients told me we are going to go out of business in the next couple of weeks if there's not a resolution to this," he said.

But the judge argued the companies can still sell outside of Massachusetts.

More: Massachusetts bans all vaping products for 4 months in the toughest state action taken yet

Terry also pointed out that most of the lung injuries appear to involve marijuana vaping products, not nicotine vaping devices like his clients sell.

Julia Kobick, the state's attorney, however noted both nictorine and THC are a factor and it's not clear exactly what is making people sick.

'We know that something in the vaping products is causing hundreds of Americans to experience respiratory problems. We don't know what's causing these Americans to have to be hospitalized," Kobick said.

She said the government recognizes economic hardships will result, but said it's "not enough to warrant the extraordinary relief that these plaintiffs seek here."

Talwani said the case has "the ring of past history" when representatives of the nicotine industry would tell the public there was no medical issues with their products.

"They're safer than cigarettes for people who are using cigarettes. But they aren't safer for people who weren't smoking cigarettes," she said. "They (The CDC) haven't said, tell your children it's OK to vape."

The CDC's latest count of vaping-related illnesses marked a significant increase from last week's total of 805 vaping-related lung cases and 12 deaths.

Craig Rourke, the attorney for the vape shops, said Baker's ban was "done in an overly broad way and done in a way that was hast." He said vaping stores have lost an average of $5,000 a week.

"This has very real consequences because most people live week to week and these employees have been laid off," he said.

Nonetheless, he said he doesn't consider the judge's decision a setback, and pointed to the temporary injunction hearing in less than two weeks.

Linda Vick, owner of Vick's Vape Shop in Medford, Massachusetts, said the ban has forced the closure of her store, hurting her ability to care for her autistic child. "The fact that I might not be able to take care of him is not OK.

She blamed the illnesses on black market products involving THC. Marijuana was legalized for recreational use in Massachusetts last year.

"This vaping has been out for almost 12 years, and it's around the whole world not just the United States," she said. "How come all of a sudden in just the past eight months everyone is getting sick and not in the past 12 years?"
Newsletter

Related Articles

Arab Press
0:00
0:00
Close
News Roundup
Strategic Saudi-Bahrain Causeway Closed Amid Security Concerns as Trump Deadline Approaches
Saudi Arabia Keeps Red Sea Oil Exports Flowing Despite Regional Tensions
Pipeline Attack Cuts Significant Share of Saudi Arabia’s Oil Export Capacity
Saudi Business Leader Abudawood Appointed Chairman of Merit Incentives Group
TotalEnergies Confirms Damage at Saudi Refinery Following Security Incident
Saudi Arabia Launches Early Construction Phase for King Salman Stadium Project
Saudi Shift Away from Longstanding Dollar Oil Framework Gains Attention Amid Iran Conflict
Türkiye and Saudi Arabia Resolve Long-Running Transit Visa Dispute
Saudi Oil Capacity and Pipeline Flows Reduced as Supply Risks Intensify
TotalEnergies Reports Damage to Saudi SATORP Refinery Following Security Incidents
Gulf States Assess Prospects of U.S.-Iran Truce as Regional Stability Efforts Intensify
South Korea Resumes Honey Exports to Saudi Arabia Following Sanitary Approval
Saudi Arabia Carries Out Sentences in Eastern Province Following Security Convictions
Saudi Sovereign Wealth Fund Backs King Street’s Regional Credit Strategy
Saudi Arabia Secures World Cup Return as Egypt Celebrates Landmark Qualification
Iran and Saudi Arabia Intensify Diplomatic Engagement Amid Regional Tensions
Russia and Saudi Arabia Open Visa-Free Travel Corridor for Citizens
Saudi Oil Output Capacity Reduced by 600,000 Barrels Per Day Amid Regional Conflict
Saudi Arabia Suspends Operations at Select Energy Sites as Precautionary Measure
Saudi Arabia Halts Operations at Multiple Energy Facilities Amid Heightened Tensions
Global Markets Jolt as Iran Signals Ceasefire Breakdown and Rising Regional Tensions
King Street Aligns with Saudi Sovereign Wealth Fund to Expand Alternative Investments in Middle East
Attack on Saudi Arabia’s Jubail Petrochemical Hub Raises Global Supply Concerns
Debate Emerges Over Saudi Strategic Decisions as Gulf Cooperation Council Dynamics Come Into Focus
Saudi Arabia Expands Full Workforce Localisation to 69 Professions in Major Labour Reform
Emerging Alliance of Pakistan, Turkey, Egypt and Saudi Arabia Signals New Regional Power Dynamic Amid Iran Conflict
Iran Linked to Strikes Across Gulf States Following Refinery Attack Escalation
Saudi Arabia Voices Concern Over Fragile US–Iran Ceasefire Stability
Starmer Warns Sustained Effort Needed to Ensure US–Iran Ceasefire Holds
Saudi Arabia’s Key East-West Oil Pipeline Targeted Following Ceasefire Announcement
Iran Targets Saudi Arabia’s East-West Oil Pipeline in Escalating Regional Tensions
Trump Warns of Civilizational Stakes as Iran Halts Negotiations
Saudi Companies Expand Remote Work Measures Ahead of Iran-Related Security Concerns
Iran Warns of Strikes on Saudi Energy Infrastructure if US Targets Its Facilities
Iran Urges Civilians to Form Human Shields Around Nuclear Sites as Diplomatic Deadline Approaches
Saudi Arabia Raises Oil Prices to Record Premiums Amid Supply Pressures Linked to Iran Conflict
Key Saudi-Bahrain Causeway Closed Amid Heightened Security Concerns Linked to Iran
Formula One Calendar Gap Explained as Fans Await Next Grand Prix
Growing Strain on the Petrodollar System Comes Into Focus Amid Iran Conflict
Reported Strike on Saudi Arabia’s Jubail Complex Raises Global Energy Supply Concerns
FedEx Introduces New Digital Tool to Streamline Imports into Saudi Arabia
Iran Claims Strike on Saudi Arabia’s Jubail Petrochemical Complex Amid Rising Regional Tensions
Taiwan to Source Oil Shipments from Saudi Arabia’s Red Sea Ports
Saudi Arabia Evacuates Riyadh Financial District as Precaution Amid Regional Tensions
Saudi Arabia Balances Ambitious Economic Vision Amid Regional Tensions and Financial Pressures
Budget Saudi Arabia Reports Strong Full-Year 2025 Financial Performance
Saudi Arabia Expands Investment in Capcom With Stake Reaching Six Percent
Saudi Arabia Assesses Significant Economic Impact From Regional Conflict Involving Iran
US Beef Secures Expanded Market Access in Saudi Arabia
×