Democratic Gov. Gretchen Whitmer of Michigan said on Friday that she would appeal a decision blocking her ban of flavored e-cigarettes to the state Supreme Court, comparing the dangers of vaping to the Flint water crisis. Whitmer announced the ban in September, saying that the nation’s ongoing spate of serious lung injuries that have been linked to vaping constituted a public health emergency.
“As governor, I’m going to do it unilaterally until I can get the legislature to adopt a statute and write it into law,” Governor Gretchen Whitmer told MSNBC at the time. “This is too important.”
Ban Blocked by Lower Court
But after vape shops filed suit to block the governor’s executive order, the Michigan Court of Claims put the ban on hold after it had been in effect for only two weeks, calling into question the emergency nature of the action because of a nearly month-long delay in implementing it. Judge Cynthia Stephens also noted that evidence suggests that some adult e-cigarette users would return to smoking if flavored vaping products are taken off the market.
Whitmer filed an application for emergency leave with the Michigan Court of Appeals and asked the state Supreme Court to take the