Two more cities have allowed vape shops to resume selling flavored e-cigarettes after judges put temporary halts on bans in Oregon and Montana. The battle for vape businesses is turning in their favor in the fight to halt state bans.
All of the bans issued so far have been passed under emergency powers. Like lawmakers, state courts appear to be unhappy with the indiscriminate use of emergency executive orders, and have responded quickly.
The Oregon Court of Appeals granted a six-month stay on Commissioner Kate Brown’s ban on flavored nicotine vapes last Thursday. The ban on flavored cannabis vapes remains in place (the two products are regulated by different states).
“Plaintiffs allege that, because of this law, they and other similarly situated businesses will be forced to close within weeks,” said Appellate Commissioner Theresa Kidd. The Oregon lawsuit against the commissioner is led by two state vaping businesses and the VTA.
Last Friday in Montana, Judge Jennifer Lint issued a 12-day restraining order. She has until October 30 to decide whether to rule on the case.
The lawsuit was filed last Thursday by three vape shops in Montana and the Montana Smoke-Free Association.
Last week, Michigan Court of Appeals Judge Cynthia Stephens put a temporary hold on Governor Gretchen Whitmer’s flavored vape ban. And more than two weeks ago, a New York court granted a temporary stay on Governor Andrew Cuomo’s flavored vape ban.
Source: Vaping360
