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Federal Judge Upholds State's Ban on Vaping Products

Associated Press

   BOSTON - A federal judge upheld Massachusetts' four-month ban on the
   sale of vaping products Friday, at least for now.

   U.S. District Judge Indira Talwani denied the vaping industry's request
   for a temporary reprieve from the ban while their legal challenge plays
   out in Boston federal court, saying the plaintiffs did not show they
   would likely succeed on the merits of the case or that the "balance of
   hardships" weighs in their favor. Talwani had said in a hearing earlier
   in the day that the legal motion felt premature and that the public
   health concerns prompting the ban likely outweigh any short-term
   impacts to local businesses.

   Another court hearing is set for Oct. 15 where both sides are expected
   to deliver more extensive arguments in the case.

   Lawyers representing local vape shops argued that small, independent
   operators are being disproportionally hurt by the ban, with many forced
   to lay off staff or close their shops entirely.

   "You're saying I ought to be more concerned about the economic harm to
   businesses for a two-week period than the potential people who will end
   up in the hospital during this two-week period?" Talwani asked industry
   lawyers at one point during the hearing.

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