Last Updated: 02/24/20
This state specific posting is part of an ongoing effort to provide updated information to consumers and businesses within the vaping industry regarding existing, upcoming, and potential bans of vaping products.
We will continue to work to keep the information as current and up to date as possible to answer questions you may have and help alleviate concerns and misinformation.
While we work to include as much relevant information as possible, we recommend going directly to the government website for your state to find additional information such as “Notices of Public Hearings”, “Voting Deadlines”, and updates on relevant legislation.
Here’s what we know so far for Massachusetts.
The ban on ALL vaping products ended on December 11, but a new state law prohibits the sale of flavored eLiquid.
On October 21, Suffolk Superior Court Judge Douglas Wilkins ruled that although the Baker administration ban on vaping products could temporarily remain in place, it must comply with state law to stay in effect:
“Wilkins issued a 32-page order that set out deadlines for the administration to comply with state law that prescribes the steps that must be taken before any restrictive regulations on vaping — or anything else — can take effect”
If the state does not meet the compliance deadlines set by Wilkins, the ban could be overturned.
BAN ANNOUNCED ON VAPING PRODUCTS
On September 24, 2019, Governor Charles D. Baker issued a declaration that a public health emergency exists in the Commonwealth due to severe lung disease associated with the use of e-cigarettes and vaping products and the epidemic of e-cigarette use among youth.
With the goal of protecting the health of Massachusetts residents, and in accordance with Governor Baker’s public health emergency declaration, Dr. Monica Bharel, Commissioner of the Massachusetts Department of Public Health, issued the following order:
“The sale or display of all vaping products to consumers in retail establishments, online, and through any other means, including all non-flavored and flavored vaping products, including mint and menthol, including tetrahydrocannabinol (THC) and any other cannabinoid, is prohibited in the Commonwealth”
WHY WAS THE BAN ORDERED?
As stated in the Vaping Public Health Emergency from mass.gov:
“There is a multistate outbreak of severe lung disease associated with the use of vaping including but not limited to e-cigarettes. The investigation has not yet identified any specific e-cigarette or vaping product or substance that is linked to all cases. The only common factor that is linked to all cases is a history of e-cigarette use and vaping ... This, along with the information that has been coming in from across the United States, led the Governor to declare this public health emergency.”
WHEN WILL THE BAN TAKE EFFECT?
This Order takes effect immediately and shall remain in effect, unless extended with the approval of the Governor and the Public Health Council, through January, 25, 2020, or until the declared public health emergency is terminated, or the Order is otherwise rescinded by me, whichever happens first.
HOW LONG WILL THE BAN BE IN EFFECT?
The ban will be in effect for a period of 4 months, through January 25, 2020
WHAT DOES THE BAN MEAN TO RETAILERS?
As outlined by the Department of Public Health:
“To comply with this Order you may not sell vaping products and must remove all vaping products from public display ... Because this is a temporary ban, at this time retailers are not being asked to destroy products, however, products need to be taken off of the shelves immediately.”
“While this Order is in effect the Department of Public Health, along with any board of health or authorized agent pursuant to G.L. c. 111, §30, may take any enforcement action permitted by law or this Order to effectuate this Order as it applies to sales of vaping products to consumers."
"The Cannabis Control Commission and the Division of Agricultural Resources shall enforce this Order to the extent it applies to their registered or licensed entities."
"This rule may be enforced by state and local officials and failure to comply may result in fines, seizure of vape products or other penalties. If you have questions, please visit: www.mass.gov/dph/mtcp or contact your local board of health."
“A person or entity found in violation of this Order may also be subject to the maximum fine provided in G. L. c. 111, §31; provided that violations shall be calculated on a per item and per transaction basis and may be punished cumulatively. Subject to valid court order issued by a court of competent jurisdiction, State Police or local law enforcement may seize any vaping products from entities or persons that continue to display or sell vaping products in violation of this Order.”
• All non-flavored and flavored vaping products, including mint and menthol; and products used to vape tetrahydrocannabinol (THC) and any other cannabinoid
• "Vaping products" mean: 1) 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 but not limited to electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, electronic vaping product delivery pens, hookah pens, and any other similar devices that rely on vaporization or aerosolization; and 2) any component, part, or accessory of a product or device defined in subsection 1), even if sold separately. "Vaping products" does not include any product that has been approved by the federal Food and Drug Administration either as a tobacco use cessation product or for other medical purposes and which is being marketed and sold or prescribed solely for the approved purpose.
Ban on the sale of all products “in retail establishments, online, and through any other means”. While this includes a ban on all online sales shipped into Massachusetts, it remains unclear how the ban will affect the online sale of the banned products being shipped out of the state of Massachusetts. We will update this post with new information as it is released.
WHAT DOES THE BAN MEAN TO CONSUMERS?
Consumers will no longer be able to purchase any vaping products within the state of Massachusetts.
As stated in the Vaping Public Health Emergency from mass.gov:
“The Massachusetts Smokers’ Helpline is a free and confidential service for Massachusetts residents who want help to end their nicotine use. If you are looking to quit tobacco including e-cigarettes, you can get help from a quit coach over the phone, use online tools and resources or a combination of these online features and telephone coaching. Support includes counseling and 4 weeks of free nicotine replacement therapy such as the nicotine patch, gum or lozenge. Go to www.makesmokinghistory.org for more tools and information or call 1-800-QUIT NOW (1-800-784- 8669). Using coaching and quit smoking medicines you are 3X more likely to quit for good.”
FREQUENTLY ASKED QUESTIONS
If I am an adult can I still vape?
No. Not for at least 4 months.
How long will the ban be in effect?
4 months, subject to extension at that time.
Can I still buy any vaping products?
No, you cannot buy any vaping products.
Can I still sell any vaping products?
It is unclear if retailers will be able to sell and ship any vaping products online to other states where no ban exists. This posting will be updated as new or additional information is provided.
As the vaping industry tries to adapt to keep up with the changing laws and regulations, our goal at Liquid Barn is to help vapors and businesses in the vaping industry better understand the current landscape and options available to them. All information quoted in this document is provided directly from the mass.gov website and is subject to change at any time. Please visit mass.gov for more information
ABOUT LIQUID BARN
Liquid Barn™ is a top-tier manufacturer, online retailer, and wholesale supplier of eLiquid compounds and accessories. We specialize in providing BASE, our FDA compliant unflavored vape juice consisting of only propylene glycol, vegetable glycerin, and optional nicotine. Giving vapors the control to add their choice of FDA compliant flavors and sweeteners as desired. As leaders in e‑cigarette technology and safety, we proudly source our ingredients from the most reputable sources available on the market, while continuing to adapt to consumer needs and FDA regulations.