The New Brunswick judge denied a motion to suspend the ban, on grounds that the plaintiffs failed to prove irreparable harm.
Last September, the province banned all vape flavours except for tobacco flavours. In response to this measure, amongst other things the plaintiffs, a vape store and five individuals, asked for sales to resume pending a full court challenge to the legislation.
Judge Terrance Morrison of the Court of Queen’s Bench said the government’s intent with the legislation was to protect the health of residents, particularly that of young people. “When one places economic interests of the applicants on the scale against the public interest, the scale tips dramatically in the favour of the public interest,” Morrison told the court. “In my view, the balance of convenience weighs strongly in favour of not granting the injunction.” The judge denied the motion and ordered the plaintiffs to pay the province $2,500 in court costs.
Diane Caruana – Vaping Post – 2022-11-07.
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