MICHIGAN — A Michigan judge has issued an injunction to block state’s ban on flavored e-cigarettes, according to reports.
The harm done to vape businesses outweighs the state’s interest in stopping young people from using the products, Court of Claims Judge Cynthia Diane Stephens said in her ruling, as reported by the Detroit Free Press.
Stephens said the plaintiff in the suit, A Clean Cigarette, has been hurt financially by the ban. “In essence, the emergency rules will destroy plaintiff A Clean Cigarette’s business as it currently exists,” she rule.
Several elected leaders and community health officials spoke out against the ruling Tuesday, including Michigan Attorney General Dana Nessel.
“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,” Nessel said. “The youth vaping crisis is an urgent public health matter that demands immediate action.”
Nessel said her office plans to ask for the judge’s ruling to be put on hold while he appeals it to the state Supreme Court.
Dr. Joneigh Khaldun, chief medical executive and chief deputy for health for the state health departmet, said there is “no question” that youth vaping is a concern.
“This ruling is deeply concerning and a threat to Michigan’s public health,” Khladun said. “There is no question that youth vaping is a public health crisis. The data is overwhelming, and we’re getting new information every day that reinforces that the Governor and (health department) were correct to take swift action to protect our kids from the harmful effects of vaping.”
Michigan was the first state to implement a ban on non-tobacco-flavored vaping products. The ban took effect in mid-September and gave retailers 14 days to get flavored e-cigarette products off the shelves.