LANSING, MI (WKZO AM/FM) — Following the blocking of the Department of Health and Human Services’ emergency rules banning flavored nicotine vaping products earlier this month, Governor Whitmer is preparing to bring her vaping case to the Supreme Court.
“After seeing how the Flint water crisis was mishandled, it’s more important than ever that we listen to our public health officials when they make recommendations to protect our citizens,” Whitmer said in a press release. “Our Chief Medical Officer has found that the explosive increase in youth vaping that we’ve seen over the past few years is a public health emergency. For the sake of our kids and our overall public health, we must act swiftly to get these harmful and addictive products off the market. I’m hopeful that the Supreme Court will immediately take up this case so we can ensure our kids’ safety.”
The official filing, as distributed by an official press release, can be read below:
“The court of claims not only misunderstood the law and errantly issued a preliminary injunction, it also fundamentally compromised both the public health of this state and the exercise of core and critical power of the executive branch. […] By enjoining Defendants from enforcing the Rules that were enacted to address this emergency, the court of claims left this state paralyzed in a perilous status quo, and marked out a form of judicial intervention that is both dangerous and contrary to law: courts second-guessing the expert judgment of public health officials dealing with a public health emergency.”
The press release also notes that nationwide use of nicotine e-cigarette use jumped 78% last year alone, which Whitmer maintains is the result of having flavored products available.
The news comes as preliminary data into investigating vaping-related lung injuries is released to the public.