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Court: Injunction blocking Michigan e-cigarette ban stands

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Posted at 1:25 PM, May 22, 2020
and last updated 2020-05-22 13:25:02-04

LANSING, Mich. — The state appeals court let stand an injunction blocking Michigan’s ban on flavored e-cigarettes, saying a lower judge did not overstep in ruling for two businesses that sued.

In a 3-0 ruling released Friday, the court said Court of Claims Judge Cynthia Stephen did not abuse her discretion. Last October, she temporarily blocked the state’s weeks-old emergency rules that had been created at the behest of Gov. Gretchen Whitmer.

The judge said then that the businesses showed a likelihood of prevailing on the merits of their contention that the rules are procedurally invalid, because state officials did not justify short-cutting the normal rule-making process.

The lawsuits, which were consolidated, were filed by Houghton-based 906 Vapor and Bay City-based A Clean Cigarette, which has locations across the state.

Whitmer, a Democrat, has accused companies of using candy flavors and deceptive advertising to hook children on nicotine. The emergency rules prohibit the sale of flavored nicotine vaping products and the misleading marketing of e-cigarettes as “clean,” ″safe,” ″harmless” or “healthy.”

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