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The Massachusetts Appeals Court upheld Superior Court Judge Douglas Wilkins' October 21st order, giving the state's Governor and Department of Health Commissioner until October 28 to pass its vapor product ban as an emergency regulation.
Governor Charlie Baker and the Department of Health had issued an order on September 24 banning the sale of all vapor products in the Commonwealth following a spike in reported lung injuries mainly attributed to THC vaping products. Following Judge Wilkins' ruling, unless the Governor and Department of Health enact new emergency regulations, beginning October 28, the state's vapor products ban will no longer be enforceable. Click here for the Superior Court order. Click here for the Appeals Court decision. A Montana court granted a temporary restraining order enjoining the state from enforcing its vapor product flavor ban. Set to take effect on October 22, the ban would prohibit sales of all flavored vapor products other those imparting a flavor of tobacco or marijuana. A further hearing is scheduled for October 30. Click here to see the order.
The Oregon Court of Appeals granted a temporary stay in favor of vape shops and has restricted enforcement of the Oregon Health Authority's vapor flavor ban. The stay does not affect the marijuana flavor ban. Click here to read the ruling.
Court of Claims Judge Cynthia D. Stephens granted a preliminary injunction on October 15, 2019, barring the state from enforcing its ban on flavored nicotine products. The injunction will remain in place until a final order is issued by the court. Click here for the ruling.
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