Danvers Business Files First Lawsuit Challenging State's Vape Ban

DANVERS, MA — A Danvers business owner became the first in the state to challenge the legality of the temporary ban on sales of electronic cigarettes and vaping products announced by Massachusetts Gov. Charlie Baker this week. Behram Agha, owner of Vapor Zone at the Liberty Tree Mall, planned to file a lawsuit in Suffolk County Superior Court Thursday challenging the emergency order and asking a judge for a preliminary injunction lifting the order.

Craig Rourke, the Somerville attorney representing Agha, said the temporary ban was a "death sentence" for small businesses that sell the products. Other stores selling the popular devices for consuming nicotine and marijuana are expected to join the lawsuit.

Baker declared a public health emergency Tuesday when he placed the four-month ban on vaping sales. Baker says the ban was needed until researchers could better understand the short- and long-term health effects of vaping.

Rhode Island, Michigan and New York have also temporarily banned electronic cigarette sales. In recent weeks there has been an outbreak of lung illnesses linked to vaping, with more than 500 possible cases reported in 38 states. There have been nine deaths tied to the illness, and there have been 66 possible cases — but no deaths — reported in Massachusetts.