BOSTON — Three vape shops have filed a legal challenge to Massachusetts' four-month ban on the sale of all e-cigarette and vaping products.

The shops say in their federal suit that Gov. Charlie Baker does not have the authority to override federal rules regarding the sale of e-cigarette and vaping products, and the ban does irreparable harm to their businesses.

The suit calls for an end to the ban and monetary awards for costs and expenses.

Baker, Public Health Commissioner Monica Bharel and the state are named as defendants.

A spokesman for Baker told the Boston Herald he could not comment on pending litigation.

Massachusetts Department of Public Health on Monday reported five more confirmed or probable cases of vaping-associated lung illnesses, bringing the state total to 10.

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