Gov. Gretchen Whitmer calls on Supreme Court to take action in vaping case

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FILE – In this Aug. 28, 2019, file photo, a man exhales while smoking an e-cigarette in Portland, Maine. Health officials investigating a nationwide outbreak of vaping-related illnesses have, for the first time, listed the vape brands that are most commonly linked to hospitalizations. Most of the nearly 2,300 people who has suffered lung damage were vaping liquids that contain THC, the high-inducing part of marijuana. In a report released Friday, Dec. 6 the government listed the THC-containing products that patients most often said they’d been using, noting that some patients vaped more than one. (AP Photo/Robert F. Bukaty, File)

LANSING, Mich. (AP)- Gov. Gretchen Whitmer asked the Michigan Supreme Court to take immediate action in regards to restoring the temporary ban of flavored nicotine vaping products.

In October a ruling by a Court of Claims lifted the ban. The governor promptly appealed that ruling, but the judge and the Court of Appeals denied her requests to reinstate the ban until the appeal is decided.

Now the governor has taken that request to the Supreme Cort and asked the Court to give immediate consideration.

Gov. Whitmer said in part, “The trial judge wrongly second-guessed the expert judgment of our state’s top public health officials and set a dangerous precedent that undermines the ability of state government to respond swiftly to public health emergencies. This ruling cannot be allowed to stand, especially in the state that experienced the Flint Water Crisis.”

In September, after her Chief Medical Executive, Dr. Joneigh Khaldun, made a finding that youth vaping constitutes a public health emergency, Governor Whitmer, in conjunction with the Michigan Department of Health and Human Services, issued emergency rules to ban the sale of flavored nicotine vaping products in retail stores and online.

Nationwide, nicotine e-cigarette use jumped 78% last year alone. In 2018, more than 3.6 million U.S. kids, including 1 in 5 high school students and 1 in 20 middle school students were regular users.

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