There were fireworks in the courtroom Tuesday, but not because any progress was made.
The attorney representing six vaping companies who oppose Massachusetts Gov. Charlie Baker's four-month ban on sales of vape-related products failed to file the proper paperwork in the correct fashion, and the judge was not happy.
The Vapor Technology Association and local vape store owners say the ban is causing irreparable damage to their businesses and will destroy a $331 million industry in Massachusetts.
U.S. District Judge Indira Talwani denied the vaping industry’s request for a temporary lift on the ban, which was put into effect last month when Baker issued a public health emergency. The governor made the declaration after 10 probable or confirmed cases of lung illness caused by vaping products were reported to the state.
Because of the paperwork snafu, nothing was decided in court Tuesday. But a schedule was laid out for what will happen next.
The attorney for the vaping companies will file an amended complaint by Friday and then the state will then have an opportunity to respond. The judge will then make a decision to start discovery in the case. The lawyer for the vaping companies is hoping the case will be heard in the next 60 days.
Last week, the state confirmed its first death from a vaping-associated lung injury.