A state judge has issued a preliminary injunction that puts a halt to Governor Gretchen Whitmer’s ban on flavored vaping products in Michigan.
The ban was put into effect a few weeks ago, but the owner of 906 Vapor in Houghton…Marc Slis…sued the state, saying the governor’s ban forced him to close his business.
Court of Claims Judge Cynthia Stephens says there’s evidence that people could return to smoking more harmful tobacco products if the vapes were no longer available.
Upper Peninsula state representative Beau LaFave was thrilled.
“Us Yoopers are fighters. We will fight this unconstitutional, unilateral and unwise executive action with every fiber of our being,” said LaFave (R-Iron Mountain). “Today’s court ruling shows that when the residents of the Upper Peninsula stand united, Lansing does take note. We will not be silent while our rights are taken away by a governor with no regard to the laws, the Legislature and the public. Sometimes the Legislature needs help. I cannot thank Mr. Slis enough for putting his neck out on the line and standing up for every small business in the state of Michigan. If they can ban e-cigarettes with absolutely no scientific evidence to back up their fake epidemic, what other legal product will she ban next? With Yoopers united, the answer is nothing.”
Before the ban was implemented, LaFave introduced House Bill 4996, which would eliminate the governor’s ability to ban e-cigarettes without consent of the Legislature. LaFave mentioned the United Kingdom has determined e-cigarettes to be 95 percent less harmful than traditional tobacco cigarettes, adding 80 percent of adult e-cigarette users prefer flavored nicotine as a safer alternative to quit the habit of smoking more dangerous combustible tobacco.
The judge also said that the governor delaying the implementing the rules proves that the emergency rules were not justified.
The governor said she wants the Michigan Supreme Court to weigh in.
“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,” said Governor Whitmer. “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.”
Michigan Attorney General Dana Nessel agrees with the governor.
“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. The youth vaping crisis is an urgent public health matter that demands immediate action,” Nessel said. “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.”
In September, after her Chief Medical Executive, Dr. Joneigh Khaldun, made a finding that youth vaping constitutes a public health emergency, Governor Whitmer ordered the Michigan Department of Health and Human Services to issue emergency rules to ban the sale of flavored nicotine vaping products in retail stores and online.
Nationwide, nicotine e-cigarette use among middle and high school students increased 900% from 2011-2015. 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. These rates are fueled by the availability of flavors akin to apple juice, bubble gum, and Nerds, to name a few.
