A group of three vape shops is preparing a federal lawsuit to challenge Gov. Charlie Baker’s four-month ban on the sale of vaping products.

Saugus attorney Craig Rourke said he plans to file the lawsuit Friday or Saturday, seeking an injunction against the ban.

Rourke currently represents Vapor Zone, a Danvers vape shop that filed a lawsuit Thursday in Suffolk Superior Court seeking to stop the ban at a state level. Two other shops plan to join Vapor Zone in the federal suit.

“This seems like a clear case of misuse of statute,” Rourke said in an interview. “The declaration of emergency was arbitrary and capricious ... there was no opportunity for the public to be involved.”

Vapor Zone, located at the Liberty Tree Mall in Danvers, sells only e-cigarettes and components. The ban could put it out of business.

Baker announced the ban Tuesday as a response to a nationwide outbreak of severe vaping-related lung illnesses. Although some states have banned flavored vaping products, Massachusetts is the only state to ban all flavored and non-flavored products and devices, with both THC and nicotine.

The state lawsuit, brought against the Department of Public Health, Public Health Commissioner Monica Bharel and the state’s Public Health Council, which approved the ban, is based on procedural grounds. Rourke says DPH failed to file with the Secretary of State the agency’s findings on the reason an emergency declaration is warranted. The lawsuit said the emergency declaration was “arbitrary and capricious” and the ban was enacted “without sufficient notice and opportunity.”

Vapor Zone is asking for an injunction lifting the ban.

In an interview, Rourke said he has since discovered additional grounds for a lawsuit. He believes Baker’s ban is too broad in banning an entire class of products, rather than one dangerous ingredient.

Rourke also argues that Baker’s state regulation is preempted by federal law, since the U.S. Food and Drug Administration already regulates vaping products. That is likely to be the core of the federal suit.

Rourke noted that the last time a governor used emergency powers to ban a class of products was in 2014, when Gov. Deval Patrick banned the opioid drug Zohydro, and that was overturned by a federal court.

Terry MacCormack, a Baker spokesman, said, “The administration has declared a public health emergency in Massachusetts and has ordered a four-month temporary ban for retail and online sales of all vape products, effective immediately. The administration will continue to work with medical experts and federal and state officials to better understand why vaping is causing lung-related illnesses and consider all options as next steps.”

MacCormack said the administration does not comment on pending lawsuits.

The Department of Public Health declined to comment.