A two-week-old ban in the Wolverine State on vaping products is on hold, by order of a Michigan judge.
The Detroit Free Press and television station WXYZ reported that a preliminary injunction has been issued against a statewide ban on e-cigarettes that was put into effect on October 2 by Governor Gretchen Whitmer. The injunction was issued by Michigan Court of Claims Judge Cynthia Diane Stephens on Tuesday.
Stephens wrote in her ruling that the potential health risks to youths who use vaping products were outweighed by the possible loss to businesses that make e-cigarettes.
"Not only has [the plaintiff] lost a significant percentage of its sales and closed several stores due to the ban, the ban will force the plaintiff to rebrand itself entirely," wrote Stephens. "In essence, the emergency rules will destroy [the plaintiff's] business as it currently exists."
The suit had been filed by a business owner in Houghton, in Michigan's Upper Peninsula. WXYZ reported that with 80 per cent of his stock pertaining to vaping, his business would go under. The suit also said that the state had no business putting an emergency ban into effect, and added that the ban is overkill. Michigan already bans sales of e-cigarettes to minors.
The ban was ordered by Whitmer to be implemented by the Michigan Department of Health and Human Services. Retailers were given 30 days to get rid of their e-cigarette stock. Michigan was the first state in the union to impose a ban. Several other states followed Michigan's lead, and President Donald Trump had stated the government would consider a ban on flavoured e-cigarette products.
Concerns about vaping had arisen across North America. The Free Press reported that the Centers for Disease Control (CDC) was looking into over 1,300 vaping-related illnesses. Twenty-six people, including one in Michigan, have died.
Ontario also has a ban on selling vaping products to minors. In Windsor-Essex, the local health unit said last month it will soon consider regulating, or banning, the sale of these items.
-With files from Adelle Loiselle