Andrew Flaherty

Legal Env.

10.6.19

VTA Response to E-Cigarette Ban

In response to Governor Charlie Baker’s reactionary ban on the sale of electronic

cigarettes and all related technology, the Massachusetts VTA (Vapor Technology Association)

filed an emergency injunction with the state, hoping to re-allow the temporary sale of the

products until businesses can adapt to the changes. Specifically, the injunction placed a

temporary restraining order on Governor Baker’s ability to write or enforce laws concerning

vaporization technology due to the fact that the legislature was written before the CDC came out

with any data or conclusions relating to the epidemic. The restraining order stated that the

Massachusetts ban was overly broad and didn’t focus on the scientifically proven cause of the

recent spike in lung illnesses- black market products. In fact, the ban was so loosely worded that

it resulted in various life-saving medicines being banned in the state, as well as items such as

portable toaster ovens. It also mentioned the unexpected and non forewarned monetary losses (up

to hundreds of thousands of dollars) for a group of 15 state electronic cigarette chains and

cannabis dispensaries, as well as the immediate and undeserving loss of employment for some

2,500-3,000 employees in the state.

Despite the good-hearted efforts of the VTA, U.S. District Judge Indira Talwani declined

the movement, effectively delaying the process further. To quote her directly, “The court finds
that plaintiffs have not demonstrated a substantial likelihood of success on the merits or that the

balance of hardships between the parties weighs in [their] favor…” “The court finds further that

granting the request for a temporary restraining order would conflict with the public interest.”

Personally, I suspect that this response was heavily influenced by the sensationalist media, which

have recently been proven to have fabricated the entire “vapor hysteria” to begin with (source:

Ben Camarillo, “patient 0” of the epidemic). Luckily for the electronic cigarette industry, the

same injunction was filed in New York state, declined initially, re-submitted and approved by a

reasonable judge- so there is still hope.