BOSTON (AP) — The vaping industry has dropped its federal lawsuit challenging Massachusetts' temporary ban on the sale of vaping products while a separate suit advances in state court.

The Vapor Technology Association filed notice late Wednesday dismissing its lawsuit in Boston federal court. The D.C.-based group is still challenging Massachusetts' ban in state court.

Suffolk Superior Court Judge Douglas Wilkins recently issued rulings in the case that the state has appealed. The state's highest court has agreed to hear arguments next month.

The industry argues the ban will destroy Massachusetts' $331 million nicotine vapor products industry and irreparably harm local businesses.

Republican Gov. Charlie Baker's office declined to comment on the federal case's dismissal.

It says there have been 217 suspected cases of vaping-related lung injury and three confirmed deaths in Massachusetts.

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