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Quebec judge declares parts of vaping legislation invalid after challenge

A man smokes an electronic cigarette in Chicago on April 23, 2014. (THE CANADIAN PRESS/AP/Nam Y. Huh, File)

MONTREAL — A Quebec judge says the province is within its rights to legislate on vaping, but has thrown out the law’s ban on demonstrations of vaping products inside shops or specialized clinics.

In a judgement released today, the court also invalidated other sections of the provincial law prohibiting the advertising of vaping products to smokers seeking to kick their habit.

The court has suspended its ruling for six months to allow lawmakers to rewrite the problematic sections to make them valid.

A legal challenge was brought by an association representing Quebec vape shops and the Canadian Vaping Association.

They argued the law adopted by the Quebec government in 2015 violated its fundamental rights.

The case was heard over 10 days in the province’s Superior Court by Justice Daniel Dumais last December.

The Canadian Press