No court decision on Massachusetts vaping product ban

BOSTON (AP) - A decision on whether to lift Massachusetts' four-month ban on the sale of all vaping products has been delayed.

The hearing Tuesday in Boston federal court was expected to focus on the vaping industry's request to temporarily lift the ban while the broader case is decided.

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U.S. District Judge Indira Talwani last week denied the industry's request to lift the Sept. 24 ban until Tuesday's hearing.

The Vapor Technology Association and local vape store owners argue the ban will destroy Massachusetts' $331 million nicotine vapor products industry and irreparably harm their business.

The Associated Press reports a brief was misfiled. The attorney for the vaping companies says he will file an amended complaint by Friday. He is seeking immediate relief from the ban. The state will then have an opportunity to respond.

Republican Gov. Charlie Baker issued the ban after state officials reported 10 probable or confirmed cases of lung illness caused by e-cigarette products. Last week, the state reported its first confirmed death from the illness.

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Associated Press