Court: Injunction blocking Michigan e-cigarette ban stands

News

FILE – In this Friday, Oct. 4, 2019 file photo, a woman using an electronic cigarette exhales a puff of smoke in Mayfield Heights, Ohio. Massachusetts lawmakers have approved the nation’s toughest restrictions on flavored tobacco and vaping products, including menthol cigarettes. The ban was passed by the Senate early Thursday, Nov. 21, before the legislature broke for a holiday recess. It had earlier been passed by the state House of Representatives. (AP Photo/Tony Dejak)

LANSING, Mich. (AP) — The state appeals court has let stand an injunction blocking Michigan’s ban on flavored e-cigarettes, saying a lower judge did not overstep in ruling for two businesses that sued.

In a 3-0 ruling released Friday, the court said Court of Claims Judge Cynthia Stephen did not abuse her discretion. Last October, she temporarily blocked the state’s weeks-old emergency rules created at the behest of Gov. Gretchen Whitmer.

The judge said the businesses showed a likelihood of prevailing on the merits of their contention that the rules are procedurally invalid, because state officials didn’t justify short-cutting the normal rule-making process.

Copyright 2020 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.