Whitmer Believes Vape Ban Can Withstand Legal Challenge

govwhitmerinauguration2-8
govwhitmerinauguration2-8

Governor Whitmer is confident that the state’s first-in-the-nation ban of flavored vaping products will hold up in court.

“I’ve consulted my lawyers, I’ve consulted the attorney general, and I think we are squarely on solid legal footing on this,” Whitmer told reporters who questioned her on the legality of the ban. On Wednesday, she ordered the Michigan Department of Health and Human Services to issue emergency rules outlawing the sale and marketing of the products. Whitmer said years ago, it was determined it was harmful to have cartoon characters marketing cigarettes to kids.

“Right now, they are deceiving them with candy, selling it next to the candy, and telling them it is a healthy product,” said Whitmer. “It is all a lie, and it is a dangerous one.”

Whitmer’s order got a mixed review from majority Republicans in the Legislature, but she has a major ally in the vape battle in Senate Majority Leader Mike Shirkey. His spokeswoman told reporters at the Capitol yesterday the Senate is not likely to fight the governor on the issue, as Shirkey shares the same concerns. Other Republican lawmakers noted state law already outlaws possession of and sale to minors for e-cigarettes, and flavored vaping products were banned for teens before the other law took effect this summer.