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Judge halts state’s flavored vaping ban

LANSING, MI (MPRN)--   A Michigan Court of Claims judge says the state ban on flavored vaping products must be lifted. That’s while underlying litigation opposing the ban plays out in court. 

Governor Gretchen Whitmer’s administration issued emergency rules in September. The Department of Health and Human Services says youth vaping is a public health crisis.

But vaping shops across the state said the ban would cause them to have to shut down. And they said it would harm their customers – who use vaping to stop cigarette smoking.

For now, the court is on the side of the shops and consumers. The judge said in her order and opinion that the ban would cause “irreparable harm” to the shops. The court also said that the state’s reasons for the emergency declaration, “have fallen short.”

Andrea Bitely is a spokeswoman for Defend MI Rights. That’s a coalition of businesses and advocates opposing the ban. She said the group hopes the state can find a better solution than a ban, and instead a compromise, “allowing adults to make choices for themselves and keeping these products out of the hands of kids.”

But Governor Gretchen Whitmer said the decision is wrong, and they will appeal to the state Supreme Court.

“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,” Whiter said in a written statement. “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.”

There is also an ongoing federal lawsuit opposing the ban.

If the ban is upheld by the court, retailers that violate the emergency rules could be found guilty of a misdemeanor and face no more than six months in jail or a fine of up to 200 dollars, or both. The ban would be in effect for 180 days, but it could be extended for another six months.

Before becoming the newest Capitol reporter for the Michigan Public Radio Network, Cheyna Roth was an attorney. She spent her days fighting it out in court as an assistant prosecuting attorney for Ionia County. Eventually, Cheyna took her investigative and interview skills and moved on to journalism. She got her masters at Michigan State University and was a documentary filmmaker, podcaster, and freelance writer before finding her home with NPR. Very soon after joining MPRN, Cheyna started covering the 2016 presidential election, chasing after Donald Trump, Hillary Clinton, and all their surrogates as they duked it out for Michigan. Cheyna also focuses on the Legislature and criminal justice issues for MPRN. Cheyna is obsessively curious, a passionate storyteller, and an occasional backpacker. Follow her on Twitter at @Cheyna_R