New Brunswick Court of Appeal maintains ban on sale of flavoured e-cigarettes

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FREDERICTON – The New Brunswick Court of Appeal has upheld a lower court decision not to suspend the province’s ban on the sale of flavored e-cigarettes.

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Last September, the province banned all e-cigarette flavors except for tobacco, but a vape store and five individuals wanted sales to resume pending a full court challenge of the legislation.

They argued that vape stores were suffering financially because of the law, and that without flavored e-cigarette options, people trying to quit smoking would go back to smoking tobacco, which poses a greater health risk.

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The ruling from the Court of Queen’s Bench in March said the government’s intent with the legislation was to protect the health of residents, particularly young people.

In his one-line decision Thursday, Court of Appeal Justice Brad Green said the motion for leave to appeal is dismissed.

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No date has been set for the full constitutional challenge.

This report by The Canadian Press was first published May 13, 2022.

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