Michigan ban halted

A judge on Tuesday blocked Michigan’s ban on flavored vapor products, objecting to Governor Gretchen Whitmer’s use of emergency powers.

Gretchen had ordered the state ban in September, declaring teenagers’ use of e-cigarettes a public health emergency.

While acknowledging that vaping is a public health concern, Judge Cynthia Diane Stephens of the Michigan Court of Common Claims said that there was likely no basis for the governor to use her emergency powers.

The data cited by the governor in ordering the ban had been available since at least February, she said, undercutting the claim that it was an emergency.

Stephens’ ruling is a preliminary injunction, meaning it will remain in effect while the retailers and the state continue to litigate the dispute.

Whitmer vowed to appeal the ruling to the Michigan Supreme Court.

“This decision is wrong,” the governor said in a 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.”

Michigan vapor industry representatives welcomed the ruling, describing the ban as government overreach into the lives of adults. Vape store owners had expressed fear that the ban would put them out of business.