Judge allows state’s flavored vape products ban to stand

Materials used in vaping are displayed at the inaugural meeting of the Governor’s Advisory Committee on Vaping October 30, 2019. Photo by Steve Klamkin WPRO News

PROVIDENCE, R.I. (AP) – A judge has allowed Rhode Island’s ban on the sale of flavored vaping products to stand.

The Providence Journal reports Superior Court Judge Brian Stern denied an industry association’s request Tuesday for a temporary restraining order against the ban. Stern said the state health department was within its powers to rule the products are an “imminent peril” to the public.

The Washington-based Vapor Technology Association and the owner of RI e-Cig and Vapes, Donna Dionne, sued Democratic Gov. Gina Raimondo and the state’s health director last month.

They argued the emergency regulations implementing the ban are invalid and asked for the ban to be declared unlawful.

The plaintiffs say they’re disappointed with the judge’s ruling. They didn’t immediately say whether they will continue pursuing the case.

Raimondo says the ban is necessary to protect children.