Judge blocks Michigan’s ban on flavoured e-cigarettes

Judge blocks Michigan’s ban on flavoured e-cigarettes

LANSING, Mich. — A Michigan judge temporarily blocked the state’s weeks-old ban on flavoured e-cigarettes Tuesday, saying it may force adults to return to smoking more harmful tobacco products and has irreparably hurt vaping businesses.

Court of Claims Judge Cynthia Stephens put the prohibition on hold until “further order of this court.” The preliminary injunction will be appealed by Gov. Gretchen Whitmer, who ordered the creation of the emergency rules in a bid to combat the epidemic of teen vaping.

The judge said two businesses that sued showed a likelihood of prevailing on the merits of their contention that the rules are procedurally invalid, because state officials did not justify short-cutting the normal rule-making process.

“Thus, and at this stage of the litigation, defendants have undercut their own assertions of an emergency by the fact that they demurred on taking action for nearly a year, and in the case of some information even longer than that, after they were in possession of the information cited in support of the emergency declaration,” Stephens wrote.

She also said improved health outcomes for adults who switch to vaping products from combustible tobacco “could, and likely would, be lost under the emergency rules.”

Several states have banned the sale of flavoured vaping products amid a rising number of vaping-related lung illnesses and an epidemic of teen e-cigarette use. As of last week, vaping-related illnesses in the U.S. had reached about 1,300 cases in 49 states and one U.S. territory, including at least 26 deaths.

Most who got sick said they vaped products containing THC, the marijuana ingredient that causes a high, but some said they vaped only nicotine.

In New York, a state appeals court this month preliminarily blocked the state from enforcing a prohibition on flavoured e-cigarette sales.

The Michigan lawsuits, which were consolidated, were filed by Houghton-based 906 Vapor and A Clean Cigarette, which has 15 locations across the state.

“We are pleased today that the court saw the ban of flavoured vaping products for what it truly is: an overreach of government into the lives of adults,” said Andrea Bitely, spokeswoman for the Defend MI Rights Coalition, a vaping industry group. “We are ready to work through the normal legislative process to arrive at a balanced solution that protects the rights of adults to use vaping products as an alternative to combustible cigarettes and at the same time get these products out of the children’s hands.”

Whitmer, a Democrat, has accused companies of using candy flavours and deceptive advertising to hook children on nicotine. The emergency rules prohibit the sale of flavoured nicotine vaping products and the misleading marketing of e-cigarettes as “clean,” “safe,” “harmless” or “healthy.”

“This decision is wrong,” Whitmer said in a written statement. “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. 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.”

She said she would seek an immediate stay of the decision and ask the Michigan Supreme Court to issue a “quick and final” ruling.

The federal government and states ban the sale of vaping products to minors, yet government survey figures show that last year, one in five U.S. high school students reported vaping in the previous month.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Heather Buelow, owner of Aerial Edge Studio in Blackfalds, says she has spent ‘all of my saving keeping the studio going’ through government-mandated shutdowns during the COVID-19 pandemic. (Contributed photo)
Either open in-person or close permanently: Central Alberta yoga studio defying rules

A central Alberta woman is allowing clients back into her yoga and… Continue reading

(MaxPixel)
Sandra Schmirler Foundation donates $10,000 to Red Deer hospital

Donation will go towards electronic fetal heart monitoring project

A sustainability audit for Westerner Park suggested 33 changes, including more city involvement. (Advocate file photo)
Westerner Park expands volunteer program

As Westerner Park refocuses the organization, they are reigniting their emphasis on… Continue reading

Ukraine’s leader requests a talk with Putin, gets no answer

Ukraine’s leader requests a talk with Putin, gets no answer

Madelyn Boyko poses along with a number of the bath bombs she makes with her mom, Jessica Boyko. Madelyn says she enjoys making the bath bombs with her mom as it is a special time for just the two of them. (Photo Submitted)
5-year-old Sylvan Lake girl selling bath bombs in support of younger brother

Madelyn Boyko is selling bath bombs for CdLS research in honour of her younger brother

Minister of Public Safety and Emergency Preparedness Bill Blair responds to a question during question period in the House of Commons on Parliament Hill in Ottawa on December 11, 2020. THE CANADIAN PRESS/Patrick Doyle
New regulator to stop sexual exploitation of children online: public safety minister

OTTAWA — Public Safety Minister Bill Blair says the government will introduce… Continue reading

Gordon Greenwood Elementary Grade 7 students were assigned to write about climate change. The Langley Advance Times is pleased to present a selection of their writings. (Sasha/Special to the Langley Advance Times)
Canada’s greenhouse gas emissions increased slightly in 2019: report

OTTAWA — A new report shows Canada’s greenhouse gas emissions increased slightly… Continue reading

Conservative leader Erin O'Toole holds a press conference on Parliament Hill in Ottawa on Tuesday, April 6, 2020. Top Tory leaders of past and present will speak with supporters today about what a conservative economic recovery from COVID-19 could look like. THE CANADIAN PRESS/Sean Kilpatrick
O’Toole to vote against Conservative MP’s private bill on ‘sex-selective abortion’

OTTAWA — Conservative Leader Erin O’Toole says he will vote against a… Continue reading

Eugene Kwon of Gratia Bakery and Cafe says the business will be relying on take out orders and a small patio. (Neil Corbett/The News)
Small business struggling amid COVID-19 pandemic looks for aid in Liberals’ budget

OTTAWA — A group representing thousands of the country’s small businesses says… Continue reading

Ron Howard is photographed at the "Inferno" film premiere on Oct. 25, 2016 in Los Angeles. (Buckner/Rex Shutterstock/Zuma Press/TNS)
Brothers Ron and Clint Howard have memoir coming in October

NEW YORK — Filmmaker-actor Ron Howard and actor Clint Howard, brothers, former… Continue reading

FILE - In this Saturday, March 27, 2021 file photo, Buffalo Sabres’ Taylor Hall plays against the Boston Bruins during the second period of an NHL hockey game, in Boston. The Buffalo Sabres could trade 2018 MVP Hall, who signed for just this season and is a pending free agent. (AP Photo/Michael Dwyer, File)
Boston Bruins acquire Taylor Hall to kick off NHL trade deadline day

Trade deadline day in the NHL has started with the Boston Bruins… Continue reading

Most Read