Montana judge announces moratorium on seasoning vape
According to foreign news reports, a sales ban that is expected to take effect in Montana this season has been blocked by Montana judges.
Ravalley County Magistrate Jennifer Lint signed a temporary restraining order on October 18 that barred Governor Steve Bullock and state health officials from applying emergency rules to flavored vape products. The ban on flavored vape was announced on October 9 and is expected to take effect on the 22nd.
It is reported that Lint is taking action in response to lawsuits filed by three vape stores and an industry organization on Wednesday. They claim that the 120-day ban was an overly restrictive response to a national outbreak of vape-related illness and death, which they said was caused by illegal black market products.
Bullock's press secretary Erin Loranger told Ravalli Republic that officials are reviewing the judge's ruling.
The lawsuit was filed by the Montana Smoke-Free Association, Freedom Vapes, Liberty Smoke and uBlaze Vapor, and the ban could force more than 20 Montana businesses to close.
Business owners say that lung disease may be caused by the "illegal addition" of THC or cannabis products to legitimate e-liquid products. According to the plaintiff, none of the products sold by the companies involved in the lawsuit contained tetrahydrocannabinol and cannabis.
The lawsuit alleges that the ban will not only harm businesses, but also people who use vape to quit smoking products.
Freedom Vapes owner Ron Marshall said in an affidavit in the lawsuit that flavored e-liquid accounts for 95% of the products he sells at the three stores, without which his business would not survive.
Lint said that if the governor can easily take away those freedoms with a pen, what is the next step? If today is us, who will be tomorrow?
Lint called for a hearing on October 30 to consider the debate over the future of the interim ban.