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Judge blocks Michigan's ban on flavored e-cigarettes

The American Cancer Society wants Michigan to regulate e-cigarettes and vaping products like tobacco, including the ban on sales to minors.
Fotofabrika / Adobe Stock
The American Cancer Society wants Michigan to regulate e-cigarettes and vaping products like tobacco, including the ban on sales to minors.
Credit Fotofabrika / Adobe Stock

A Michigan judge is blocking the state's two-week-old ban on flavored e-cigarettes.

Court of Claims Judge Cynthia Stephens issued a preliminary injunction Tuesday. She says Gov. Gretchen Whitmer's administration's delay in implementing the ban undercuts its position that emergency rules were needed.

Stephens also says there is evidence that if flavored vaping products are prohibited, adults will return to using more harmful combustible tobacco products.

The lawsuit was filed by vaping businesses that say they will go out of business due to the ban.

Whitmer has said the ban is necessary to combat an epidemic of teens vaping.

Following the news, Whitmer released the following statement: 

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. 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.

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