DETROIT – The Michigan Court of Claims issued a preliminary injunction Tuesday, stopping the state’s ban on flavored vapes, which began Oct. 2.
The harm done to vape businesses, which would have to shut down because of the ban, outweighs the interest of the state in stopping youths from using the products, Court of Claims Judge Cynthia Diane Stephens said in her ruling.
“Not only has plaintiff A Clean Cigarette lost a significant percentage of its sales and closed several stores due to the ban, the ban will force plaintiff to rebrand itself entirely,” she wrote. “In essence, the emergency rules will destroy plaintiff A Clean Cigarette’s business as it currently exists.”
Michigan was the first state to issue a ban on flavored vapes in the midst of health issues surrounding vaping. The Centers for Disease Control and Prevention is investigating nearly 1,300 cases of lung disease that some officials suspect were triggered by vaping. At least 26 deaths, including one in Michigan, have been attributed to the lung disease. In Michigan, 35 lung disease cases have been reported, according to the Michigan Department of Health and Human Services.