A judge has stopped the state ban on non-tobacco e-cigarette flavours roughly two weeks after it took effect in Michigan, Reuters reported.
Judge Cynthia Diane Stephens of the Michigan Court of Common Claims said that vaping was a public health concern, but sided with retailers who said that there was likely no basis for Governor Gretchen Whitmer to use her emergency powers to order a state ban, according to the report.
Whitmer had ordered a state-wide ban in September, due to the increasing numbers of US teens vaping which the governor said was a public health emergency.
“There is no serious dispute with respect to whether a vaping-use crisis exists among youth,” the judge wrote. Stephens noted, however, that the data that the governor used to base the ban had been available since February, weakening the claim that it was an emergency, Reuters reported. Stephens’ decision is a preliminary ruling, meaning that the order will remain in effect while the retailers and the state continue to litigate the dispute.
Michigan is one of a number of states, including Massachusetts, New York and Rhode Island, which have made temporary restrictions on flavoured e-cigarette products. Earlier this month, a New York court stopped a state-wide ban from taking effect, according to the report.