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Vaping Ban Gets Second Shot From Massachusetts Governor (1)

Oct. 28, 2019, 6:00 PM; Updated: Oct. 28, 2019, 8:34 PM

Massachusetts Gov. Charlie Baker (R) took a second crack at an across-the-board ban on vaping sales after a judge said the first attempt violated state procedures.

Baker filed a new emergency rule Oct. 28 to ban sales of all vaping products, in an effort to comply with a judge’s Oct. 21 ruling. The judge found Baker had violated state procedures when issuing the vaping ban Sept. 24.

The court ordered Baker to shorten the ban to three months and bring the state into compliance with its rulemaking procedures by Oct. 28 or lift the ban on sales of nicotine vaping products.

The administration is also required to hold a public hearing on the issue by Dec. 24, when the three-month ban expires. The governor’s office did not respond to a request for comment.

The Vapor Technology Association and vaping shop owners had filed the lawsuit, calling the ban a “death sentence.” An attorney for the retailers, Craig Rourke, of Saugus, Mass., could not immediately be reached for comment.

(Adds details about need for public hearing in fourth paragraph.)

To contact the reporter on this story: Adrianne Appel in Boston at aappel@bloomberglaw.com

To contact the editors responsible for this story: Fawn Johnson at fjohnson@bloomberglaw.com; Peggy Aulino at maulino@bloomberglaw.com

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