LANSING, MI (WKZO AM/FM) — A judge on the Court of Claims has issued a preliminary injunction into Governor Whitmer’s ban on flavored vaping products as of Tuesday.
As a result, the State of Michigan can no longer enforce its emergency vaping rules, which banned the sale of flavored vaping nicotine products among other measures to protect public health.
The court decision comes following two different lawsuits by vaping businesses in Michigan. The stores who filed the lawsuits in question are 906 Vapor and A Clean Cigarette.
Judge Cynthia Stephens said the businesses were able to prove that they would suffer damage because of the emergency ban. She also noted that the data used by the State to issue the emergency ban had been available as early as February, which would have provided time to create new laws.
Recent findings have also shown that many of the lung problems reported were coming from THC-based vaping products.
The ruling does not halt the lawsuits themselves, nor does it completely solve the issue.
In response, Governor Whitmer is now seeking a Supreme Court ruling into the matter.
“This decision is wrong. It misreads the law and sets a dangerous precedent of a court second-guessing the expert judgment of public health officials dealing with a crisis,” Governor Whitmer said in a press release. “The explosive increase in youth vaping is a public health emergency, and we must do everything we can to protect our kids from its harmful effects. I plan to seek an immediate stay and go directly to the Supreme Court to request a quick and final ruling. I took bold action last month to protect public health, and several states and the White House have followed Michigan’s lead because they know how urgent this is. Enough is enough. Our kids deserve leaders who will fight to protect them. That’s exactly what I’m doing today.”
Attorney General Dana Nessel also issued a statement.
“We are resolute in our efforts on behalf of Governor Whitmer and the Michigan Department of Health & Human Services to protect the health of Michigan’s children,” Nessel said. “The youth vaping crisis is an urgent public health matter that demands immediate action. To that end we are preparing to seek an immediate stay and will seek leave to appeal the judge’s decision directly to the Supreme Court.”
The emergency rules were initially issued last month, with the ban going in to effect at the beginning of October.
The State of Michigan notes that in 2018, more than 3.6 million U.S. kids, including 1 in 5 high school students and 1 in 20 middle school students were regular users. The State maintains that much of this is due to the availability of flavored nicotine products.
