Judge denies TRO to block vaping ban.

Byline: Eric T. Berkman

A vaping products retailer and a vape industry trade association were not entitled to a temporary restraining order blocking a temporary ban on flavored e-cigarettes in Rhode Island, a Providence Superior Court judge has ruled.

Gov. Gina Raimondo signed an executive order announcing the ban in September. Emergency regulations drafted by the state Department of Health implementing the ban took effect on October 4.

Plaintiff Vapor Technology Association, based in Washington, and plaintiff Donna Dionne, owner of RI e-Cig and Vapes, a retailer of vape products, argued that the emergency regulations were invalid because DOH failed to follow procedures mandated by the Administrative Procedures Act.

Specifically, the plaintiffs argued that DOH's purported findings of "imminent peril" couldn't be supported and that the regulations were not "proper, expedient and, necessary."

But Judge Brian P. Stern disagreed, finding that DOH's stated reason for finding imminent peril, which provided statistical evidence of a youth vaping crisis that can be linked to the use of flavored vaping products, was sufficient to support DOH's determination.

"The DOH and Director [Nicole] Alexander-Scott's determination of the existence of an imminent peril and that enactment of the Emergency Regulations was proper, expedient, and necessary to combat the youth vaping crisis is not clearly erroneous in light of the evidence presented in the Statement," wrote Stern, denying the plaintiffs' motion.

[box type="shadow" align="alignright" width="325px"]

CASE: Vapor Technology Association, et al. v. Raimondo, et al., Lawyers Weekly No. 61-118-19 (23 pages)

COURT: Providence Superior Court

ISSUE: Were a vaping products retailer and a vape industry trade association entitled to a temporary restraining order blocking enforcement of a temporary ban on flavored e-cigarettes in Rhode Island?

DECISION: No[/box]

Misguided order?

Blake Collins, a spokesperson for Attorney General Peter Neronha, whose office represented the state, said they appreciated the time and dedication Stern devoted to the issues raised in the case.

"The court's decision validates the decision to ban flavored e-cigarette products because of the health risks to its users," Collins said.

Plaintiffs' attorneys Robert C. Corrente, Christopher N. Dawson and Joseph M. Terry of Providence did not respond to requests for comment, but Tony Abboud, VTA's executive director, said he was disappointed...