Saudi Press

Saudi Arabia and the world
Wednesday, Nov 26, 2025

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

Saudi Press
0:00
0:00
Close
Saudi Arabia’s SAMAI Initiative Surpasses One-Million-Citizen Milestone in National AI Upskilling Drive
Saudi Arabia’s Specialty Coffee Market Set to Surge as Demand Soars and New Exhibition Drops in December
Saudi Arabia Moves to Open Two New Alcohol Stores for Foreigners Under Vision 2030 Reform
Saudi Arabia’s AI Ambitions Gain Momentum — but Water, Talent and Infrastructure Pose Major Hurdles
Tensions Surface in Trump-MBS Talks as Saudi Pushes Back on Israel Normalisation
Saudi Arabia Signals Major Maritime Crack-Down on Houthi Routes in Red Sea
Italy and Saudi Arabia Seal Over 20 Strategic Deals at Business Forum in Riyadh
COP30 Ends Without Fossil Fuel Phase-Out as US, Saudi Arabia and Russia Align in Obstruction Role
Saudi-Portuguese Economic Horizons Expand Through Strategic Business Council
DHL Commits $150 Million for Landmark Logistics Hub in Saudi Arabia
Saudi Aramco Weighs Disposals Amid $10 Billion-Plus Asset Sales Discussion
Trump Hosts Saudi Crown Prince for Major Defence and Investment Agreements
Families Accuse OpenAI of Enabling ‘AI-Driven Delusions’ After Multiple Suicides
Riyadh Metro Records Over One Hundred Million Journeys as Saudi Capital Accelerates Transit Era
Trump’s Grand Saudi Welcome Highlights U.S.–Riyadh Pivot as Israel Watches Warily
U.S. Set to Sell F-35 Jets to Saudi Arabia in Major Strategic Shift
Saudi Arabia Doubles Down on U.S. Partnership in Strategic Move
Saudi Arabia Charts Tech and Nuclear Leap Under Crown Prince’s U.S. Visit
Trump Elevates Saudi Arabia to Major Non-NATO Ally Amid Defense Deal
Trump Elevates Saudi Arabia to Major Non-NATO Ally as MBS Visit Yields Deepened Ties
Iran Appeals to Saudi Arabia to Mediate Restart of U.S. Nuclear Talks
Musk, Barra and Ford Join Trump in Lavish White House Dinner for Saudi Crown Prince
Lawmaker Seeks Declassification of ‘Shocking’ 2019 Call Between Trump and Saudi Crown Prince
US and Saudi Arabia Forge Strategic Defence Pact Featuring F-35 Sale and $1 Trillion Investment Pledge
Saudi Sovereign Wealth Fund Emerges as Key Contender in Warner Bros. Discovery Sale
Trump Secures Sweeping U.S.–Saudi Agreements on Jets, Technology and Massive Investment
Detroit CEOs Join White House Dinner as U.S.–Saudi Auto Deal Accelerates
Netanyahu Secures U.S. Assurance That Israel’s Qualitative Military Edge Will Remain Despite Saudi F-35 Deal
Ronaldo Joins Trump and Saudi Crown Prince’s Gala Amid U.S.–Gulf Tech and Investment Surge
U.S.–Saudi Investment Forum Sees U.S. Corporate Titans and Saudi Royalty Forge Billion-Dollar Ties
Elon Musk’s xAI to Deploy 500-Megawatt Saudi Data Centre with State-backed Partner HUMAIN
U.S. Clears Export of Advanced AI Chips to Saudi Arabia and UAE Amid Strategic Tech Partnership
xAI Selects Saudi Data-Centre as First Customer of Nvidia-Backed Humain Project
A Decade of Innovation Stagnation at Apple: The Cook Era Critique
President Trump Hosts Saudi Crown Prince Mohammed bin Salman in Washington Amid Strategic Deal Talks
Saudi Crown Prince to Press Trump for Direct U.S. Role in Ending Sudan War
Trump Hosts Saudi Crown Prince: Five Key Takeaways from the White House Meeting
Trump Firmly Defends Saudi Crown Prince Over Khashoggi Murder Amid Washington Visit
Trump Backs Saudi Crown Prince Over Khashoggi Killing Amid White House Visit
Trump Publicly Defends Saudi Crown Prince Over Khashoggi Killing During Washington Visit
President Donald Trump Hosts Saudi Crown Prince Mohammed bin Salman at White House to Seal Major Defence and Investment Deals
Saudi Arabia’s Solar Surge Signals Unlikely Shift in Global Oil Powerhouse
Saudi Crown Prince Receives Letter from Iranian President Ahead of U.S. Visit
Saudi Arabia’s Crown Prince Begins Washington Visit to Cement Long-Term U.S. Alliance
Saudi Crown Prince Meets Trump in Washington to Deepen Defence, AI and Nuclear Ties
Saudi Arabia Accelerates Global Mining Strategy to Build a New Economic Pillar
Crown Prince Mohammed bin Salman Arrives in Washington to Reset U.S.–Saudi Strategic Alliance
Saudi-Israeli Normalisation Deal Looms, But Riyadh Insists on Proceeding After Israeli Elections
Saudis Prioritise US Defence Pact and AI Deals, While Israel Normalisation Takes Back Seat
Saudi Crown Prince’s Washington Visit Aims to Advance Defence, AI and Nuclear Cooperation
×