On October 23, 2019, the Appeals Court of Massachusetts upheld the decision (which was the subject of a previous blogpost [Order]) of the Superior Court of Massachusetts requiring the lifting of the State’s vapor products ban on October 28th. The State had filed a motion for stay pending appeal of the Superior Court’s order entered on 10/21/19 concerning the plaintiffs’ motion for a preliminary injunction. The industry plaintiffs opposed that motion and also challenged the Superior Court’s October 21st order. The court found that neither petitioner was entitled to relief and, in particular, confirmed that the State had not demonstrated a likelihood of success on appeal. In setting forth a path for an expedited appeal, the court acknowledged the likelihood of further appeals. Feel free to reach out with questions.