It’s a big win for the vape industry today as a judge halts the ban on vaping flavors. We have been at the front and center of the fight against the ban with Defend MI Rights. Today, our efforts have paid off and flavored vape juice will be back on our shelves. We would like to thank all of our customers and supporters who contributed to halting the ban. Let’s continue to unite against the ban and have our voices heard!
The Details in the Win
The state must cease enforcement of the ban the Department of Health and Human Services imposed on e-cigarette flavors, a judge ruled today.
Michigan Court of Claims Judge Cynthia Stephens granted the request for a preliminary injunction from two e-cigarette businesses to block the emergency rules the DHHS promulgated at the direction of Governor Gretchen Whitmer.
Ms. Stephens said the two plaintiffs presented sufficient evidence of irreparable harm to justify the preliminary injunction. Further, Ms. Stephens said the plaintiffs are likely to prevail on the merits of their case that the rules are procedurally invalid under the Administrative Procedures Act.
The judge pointed to an eight-month lag between the data DHHS cited and the issuance of emergency rules.
“The court finds that defendants’ lengthy period of inaction, combined with the old data, undermines the emergency declaration in this case,” she wrote.
The Flavor Ban Fight Goes On
As of right now this lift is only temporary. While it’s a big win, the fight must go on. Please take a moment to visit the Defend MI Rights website and consider contributing to our cause. We’ve come this far, let’s keep pushing!