The Michigan Supreme Court will not step in to expedite a decision on Michigan’s attempt to ban the sale of flavored nicotine-based e-cigarette products.
Governor Gretchen Whitmer had asked the court to intervene after a Court of Claims judge blocked the ban in October.
With Justice Stephen Markman dissenting, the high court ordered that the case follow the traditional path to the Court of Appeals.
Whitmer had the Michigan Department of Health and Human Services order the emergency ban in September, saying it was necessary to keep a potentially addictive product out of the hands of minors. A recent study by the Centers for Disease Control found that more than one in four high school students had vaped in the preceding month.
Proponents of the product say it offers adult nicotine addicts a safer alternative than cigarettes.
One of those who is suing to overturn the ban is Marc Slis, who owns 906 Vapor in Houghton.
Read the decision, and Justice Markman’s dissent, here.