A Michigan Court of Claims judge halted ban on flavored nicotine vaping products

A Michigan judge has just blocked the state's flavored e-cigarette ban. Judge Cynthia Stevens granted an injunction requested by vape shop owners, who argue in a lawsuit that Gov. Gretchen Whitmer overstepped her authority by banning flavored nicotine vaping products without the approval of state lawmakers. The ban went into effect on Oct. 2.

Gov. Gretchen Whitmer announced the ban in September citing concerns about the number of youth using the flavored products and an increase in vaping-related illnesses. The emergency rules banning the flavors were issued by Whitmer after Michigan Department of Health and Human Services Chief Medical Executive Dr. Joneigh Khaldun declared a public health emergency due to the increase in e-cigarette use by young people.

The ban went into place Oct. 1 but is being challenged in state and federal courts by Michigan vape shop owners. Vapers have protested the changes, noting Michigan just passed a law making it illegal for children to use vaping products and arguing the ban could have an impact on those who use e-cigarettes as a relatively healthier alternative to combustible cigarettes.

Michigan was the first state to implement a ban on vaping products. Since then, New York, Rhode Island, and the federal government have also enforced their own bans. Concerns regarding vaping have exponentially increased following reports from the Centers for Disease Control and Prevention that more than 800 individuals had been hospitalized with lung-related illnesses. More than a dozen people have also died from vaping.

Marc Slis, owner of 906 Vapor in Houghton, first challenged the state’s emergency rules. He said the ban would effectively put him out of business and force him into bankruptcy.