Massachusetts Governor Charles Baker banned the sale of vaping products through a Declaration of Emergency authorized the Massachusetts Department of Public Health.
The declaration authorized the Massachusetts Department of Public Health to issue an order regarding restrictions on the sale of vaping products.
The order will remain in effect for a period of four months through Jan. 25, 2020, unless extended by Governor Baker and the Public Health Council, or until the emergency is declared to be terminated, or the Commissioner of Public Health cancels the order.
The ban includes the sale and display of all flavored and non-flavored vaping products, including mint-flavored and menthol-flavored vaping products, and any vaping products that have tetrahydrocannabinol (THC) or any other cannabinoid, in-store and online.
The Order of the Commissioner of Public Health defines a “vaping product” as any product intended for human consumption by inhalation regardless of nicotine content, whether for one-time use or reusable, that relies on vaporization or aerosolization including electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, electronic vaping pens, and hookah pens; and any component, part or accessory of a vaping product, even if the component, part or accessory is sold separately.
In order to comply with the Order of the Commissioner of Public Health, Massachusetts retailers need to do the following immediately:
- Cease the sale to the public, of all flavored and non-flavored vaping products as defined above today and through Jan. 25, 2020, or until the Order of the Commissioner of Public Health is extended or cancelled.
- Remove all vaping products from store shelves today and through Jan. 25, 2020, or until the Order of the Commissioner of Public Health is extended or cancelled so that no vaping products are displayed to the public.
Violators will be subject to a fine of up to $1,000.00 on a per item basis or a per transaction basis.