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Whitmer Plans Vape Order Appeal

Governor Gretchen Whitmer will ask the Michigan Supreme Court to validate her ban of flavored, nicotine-based vaping products.

After Judge Cynthia Stephens of the Michigan Court of Claims issued a preliminary injunction against the ban this afternoon (see our story here), Whitmer’s office issued the following statement:

“This decision is wrong. 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,” said Governor Whitmer. “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. I plan to seek an immediate stay and go directly to the Supreme Court to request a quick and final ruling. I took bold action last month to protect public health, and several states and the White House have followed Michigan’s lead because they know how urgent this is. Enough is enough. Our kids deserve leaders who will fight to protect them. That’s exactly what I’m doing today.”

In September, after her Chief Medical Executive, Dr. Joneigh Khaldun, made a finding that youth vaping constitutes a public health emergency, Governor Whitmer ordered the Michigan Department of Health and Human Services to issue emergency rules to ban the sale of flavored nicotine vaping products in retail stores and online.

Nationwide, nicotine e-cigarette use among middle and high school students increased 900% from 2011-2015. In 2018, more than 3.6 million U.S. kids, including 1 in 5 high school students and 1 in 20 middle school students were regular users. These rates are fueled by the availability of flavors akin to apple juice, bubble gum, and Nerds, to name a few.

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