Vaping Organization Files Suit Challenging Flavored E-Cig Ban

PROVIDENCE, RI — An organization has filed a suit in superior court challenging Governor Gina Raimondo's ban of flavored e-cigarettes in Rhode Island. The Vapor Technology Association said the ban would strike a devastating blow to the e-cigarette industry and users.

Tony Abboud, the executive director of the Vapor Technology Association, said the organization is committed to work with the state to achieve common goals.

"VTA shares the state’s concerns and stands ready to work with Rhode Island and all interested stakeholders on the many real solutions that should be put in place to achieve the twin goals of restricting youth vaping, which is already illegal, and preserving flavored vapor as an alternative for adult consumers desperately trying to quit smoking, without ruining the livelihoods of the 460 small-business owners and workers that the State’s regulated nicotine-vapor-products industry employs," Abboud said in a statement.

The lawsuit claims that Raimondo's executive order, which went into effect on Oct. 4, will "destroy" the e-cigarette industry in the state and harm e-cigarette users.

"So too will it likely precipitate a public-health crisis, as vapor-products users turn either to combustible cigarettes or to black-market sources to obtain vapor products. The Emergency Regulations violate the separation of powers, are procedurally and substantively invalid under the Department of Health's enabling act, and violate constitutional free-speech guarantees," the complaint reads in part.

Gov. Raimondo announced the ban on Sept. 25, just one day after Massachusetts Governor Charlie Baker banned the sale of all e-cigarettes in the state for our months.

"I'm not taking action similar to Governor Baker," Raimondo said at the time. "You can still vape. Electronic tobacco products will still be readily available for adults who are using them to stop smoking."

A similar lawsuit was filed challenging Baker's ban as well.