On Sept 4th after the Michigan Department of Health and Human Services declared a public health emergency, Governor Whitmer announced an emergency order with plans to ban flavoring in e-cigarettes containing nicotine. Michigan was the first state to announce such a ban. Other states quickly followed suit.
E-cigarette supplier and retail store owners took the ban to court claiming they would “suffer irreparable harm under the state’s new ban on flavored e-cigarettes and other products.” Both plaintiffs have argued that the ban will force former smokers back to traditional tobacco.
Michigan Court of Claims Judge Cynthia Diane Stephens found the emergency order invalid under the Administrative Procedures Act. Whitmer and Attorney General Dana Nesse vowed to take the issue to the Michigan Supreme Court, and Dr. Joneigh Khaldun, the state’s chief medical executive, called the decision “deeply concerning.”
“This decision is wrong,” the governor said in a prepared statement. “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. 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.”
Smith & Johnson is currently interviewing potential Michigan claimants for inclusion in this litigation re: JUUL e-cigarettes. If you have questions about this product and what rights you may have, please contact Attorney Tim Smith at 231.946.0700 for a free consultation.
Mr. Smith has practiced as a trial attorney since graduating Notre Dame Law School in 1992. He has litigated cases across the country including cases from Ventura County, California to Middlesex County, New Jersey. He practices in both State and Federal courts.