Michigan’s ban on flavored electronic cigarettes is now in effect after a judge said she’s not ready to decide whether to stop it. Court of Claims Judge Cynthia Stephens heard arguments Tuesday about an injunction sought by an Upper Peninsula store owner. The attorney general’s office says the hearing will continue on October 8.
Lieutenant Governor Garlin Gilchrist was asked by the Michigan News Network about the challenge, and he feels it can stand up in court.
“I’m not going to comment on the legal challenge, but I think we’re confident that what we did was within our power to protect the public safety of the people of the state of Michigan,” said Gilchrist.
Governor Gretchen Whitmer’s ban on flavored vaping products started at midnight Wednesday. She accuses the makers of using candy flavors and deceptive ads to hook children. Her critics say the emergency rules circumvented Michigan’s typical regulatory
process.
Police are checking for compliance as of today following a two-week grace period. Stores are still allowed to sell flavored products so long as they don’t contain nicotine, which can also be purchased separately.
A separate but related lawsuit is pending in federal court in western Michigan. New York state has taken similar action to prohibit certain products. President Donald Trump has proposed a federal ban on flavored e-cigarettes and vaping products.
The Associated Press contributed to this report.
