Earlier this fall, on Sept 4th after the Michigan Department of Health and Human Services declared a public health emergency, Governor Whitmer announced an emergency order with plans to ban flavoring in e-cigarettes containing nicotine. Michigan was the first state to announce such a ban. Other states quickly followed suit.
E-cigarette supplier and retail store owners claimed that they would “suffer irreparable harm under the state’s new ban on flavored e-cigarettes and other products” and took the ban to court. Both plaintiffs have also argued that the ban will force former smokers back to traditional tobacco.
Michigan Court of Claims Judge Cynthia Diane Stephens found the emergency order invalid under the Administrative Procedures Act. Whitmer and Attorney General Dana Nesse vowed to take the issue to the Michigan Supreme Court, and Dr. Joneigh Khaldun, the state’s chief medical executive, called the decision “deeply concerning.”
“This decision is wrong,” the governor said in a prepared statement. “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.”
Bridge Michigan reports:
Vaping rates have surged across the United States and in Michigan schools. Data showed vaping rates rose 30 percent in some Michigan districts and more than doubled in others between the 2015-16 and 2017-18 school years. In December, U.S. Surgeon General Jerome Adams declared vaping among youth an epidemic.
Meanwhile, the U.S. Centers for Disease Control and Prevention continues to investigate some 1,300 0 lung injury cases associated with the use of e-cigarette, or vaping, products throughout the United States, including 26 deaths. Most of the patients reported using e-cigarette products with liquids that contain cannabinoid products, such as tetrahydrocannabinol (THC).
But others have pushed back, saying vaping — though not officially approved as a smoking cessation tool — has helped countless smokers quit smoking, which research suggests is much more harmful.
Smith & Johnson is currently interviewing potential Michigan claimants for inclusion the JUUL e-cigarette litigation. If you have questions about this product and what rights you may have, please contact Attorney Tim Smith at 231.946.0700 for a free consultation.