State Vaping Ban Overturned

Michigan’s emergency ban on flavored nicotine vaping products has been overturned.

Judge Cynthia Stephens of the Michigan Court of Claims today granted a request for a preliminary injunction from two e-cigarette businesses. One of the businesses is 906 Vapor of Houghton, owned by Mark Slis.

Her order mandates that the state stop enforcing the ban, which was ordered by Governor Gretchen Whitmer, with rules drawn up by the Department of Health and Human Services.

In issuing her ruling, Judge Stephens said the e-cigarette company owners presented sufficient evidence that their businesses would be irreparably harmed by the ban, and were likely to win their case if it proceeded to a full trial.

Stephens also noted that there had been an eight-month gap between the time DHHS received the data it used to justify the emergency order, and the time the order was given, which belied the state’s claim that it was, in fact, an emergency.