Judge blocks Michigan’s ban on flavored e-cigarettes

E-liquids are displayed for sale, with nicotine warning labels, in a vape shop on September 06, 2019 in Los Angeles, California. (Photo by Mario Tama/Getty Images)

LANSING, Mich. (AP) — A Michigan judge on Tuesday blocked the state’s weeks-old ban on flavored e-cigarettes, citing evidence that adults could return to smoking more harmful tobacco products.

Court of Claims Judge Cynthia Stephens also said Gov. Gretchen Whitmer’s administration’s delay in implementing the prohibition undercut its position that emergency rules were justified.

The lawsuit was filed by vaping businesses that said the ban, which took effect Oct. 2, will force them to close. The judge issued a preliminary injunction to stop the state from enforcing the rules.

Michigan Attorney General Dana Nessel released a statement on the ban:

“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.  The youth vaping crisis is an urgent public health matter that demands immediate action.  To that end we are preparing to seek an immediate stay and will seek leave to appeal the judge’s decision directly to the Supreme Court.”

Michigan, New York and Rhode Island have recently banned flavored vaping products in response to an explosion in teen vaping in recent years. President Donald Trump said last month that the federal government would act to prohibit thousands of flavors used in e-cigarettes because they appeal to underage users.

Whitmer, a Democrat, has accused companies of using candy flavors and deceptive advertising to “hook children on nicotine.”

The rules prohibit the sale of flavored nicotine vaping products, including to adults, and the misleading marketing of e-cigarettes.

The federal government and states ban the sale of vaping products to minors, yet government survey figures show that last year, one in five U.S. high school students reported vaping in the previous month. Top government health officials, including the surgeon general, have flagged the trend as an epidemic.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s


  • Ej

    When is someone going to tell the truth about the pre filled Chinese cartridges and the THC cartridges ? This is all about the state’s wanting people back on tobacco for their tax coffers. When are we gonna be told about what killed all the Americans in the DR that the FBI was going in to find out ?

    • Augster

      Right on, EJ! I’ve been waiting to hear this from someone other than myself. Ive heard no talk radio personality nor have read any article even speculating that the 6% of value pales in comparison to the $2.75 per pack of Marlboro Reds. I was once again fearful of being alone in my reckoning.

      • BDD

        There are many who know the truth, but people will always believe the propaganda that is fed to them by the so-called “news” media that does their thinking for them. The public has always been intellectually lazy, and in this age of social media, it’s just getting worse.

  • Matt

    It’s already illegal to sell to a minor. It cabnot get anymore illegal than that.
    What is wrong is interfering with innocent people more specifically Adults. It’s not the job of government to tell people what they can and cannot put in their bodies.
    This is not about kids it’s about control and anyone advocating continued falure of government style prohibitions is ignorant of history and its failures. Innocent people or most harmed by prohibition laws and one has to look no further than any black community to see what kind of damage prohibition cuases.
    Stop being a socialist advocating for state violence on manufactured hysteria.

  • Roger

    Thanks judge. Next Gov. Whitmer will ban music, dancing, and parties with men and women in the same room? Enough with the nanny state policies. Fast food is hurting far more people than vaping. It’s supposed to be a free society, so let adults do what they want, and please focus enforcement on the stores illegally selling to children.

  • Justin R Davenport

    People have been smoking tobacco with water for centuries (Hookah). The issues is either 1. tobacco comp who want to shut competition, 2. gov wants to control tax dollars, 3. people are not honest about smoking THC (oil) when they go to the doctor and claim its ecigs.

  • Kimmi Ames

    It’s a lot better than the 2 packs of cigarettes I was smoking a day & the real reason it’s a problem for the Governor & State Officials is because it’s not putting money in their pockets because it’s not taxed! They want everyone to go back to smoking cigarettes so they can charge that sales tax put money in their pockets & have people in the Hospitals sick with Bronchitis, Lung problems, & cancer this is the REAL reason they want vaping stopped & flavored juices banned it’s taking money from all of them now including the Dr’s & Healthcare System & there are too many people that stopped smoking cigarettes & buying them & that have stopped smoking those bags of tobacco & rolling their own cigarettes & aren’t buying the bags if tobacco or the boxes of tubes anymore! Vaping helped Me quit smoking a 2 pack a day habit that I had for 33 years!

  • Andrea L Bush

    If there logic states ll Kids use vape products. We must ban then for EVERYONE !! Then why have they not banned Cigarettes AND alcohol too? Kids get them too. MANY more have died from Booze and cigarettes ! yet they dont ban adults from those, just vaping? Its unfair and insane thinking.

Notice: you are using an outdated browser. Microsoft does not recommend using IE as your default browser. Some features on this website, like video and images, might not work properly. For the best experience, please upgrade your browser.