Judge denies immediate halt to flavored e-cigarette ban

Grand Rapids

GRAND RAPIDS, Mich. (WOOD) — A judge has denied a vape shop business owner’s request to immediately stop Gov. Gretchen Whitmer’s emergency order to ban flavored e-cigarette liquids.

Mister E-Liquid’s lawsuit filed in federal court Friday claims the ban oversteps the state’s bounds, violating federal interstate trade law because its wording is not specific enough. It argues that as written by MDHHS, the rules banning the possession and transport of flavored products for sale don’t indicate that they pertain only to Michigan.

The lawsuit goes on to argue that the state is going too far in limiting what type of language Mister E-Liquid can use on its website to describe its products, saying the state regulations “preempt” federal rules on the matter.

Mister E-Liquid wanted the court to rule that the state restrictions are unlawful and issue an injunction to stop them, as well as make the defendants pay its attorney fees.

While the judge turned down the request to abruptly halt the ban via temporary restraining order, the case will proceed to a hearing where the judge will decide whether to issue an injunction is merited.

Mister E-Liquids says its shops in Grand Rapids, Belmont, Kentwood, Okemos, Niles and two Illinois cities employ 75 people. It says that its online sales to other states make up about 70% of its business.

Mister E-Liquids says that if it can’t sell flavored products, it will go out of business in Michigan and would have to move out of state to survive. Other vape shops have told News 8 the same.

Barring further court action, retailers have until Wednesday to comply with the state’s emergency rules regarding flavored e-cigarette products.

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