Advance Notice: Briefs

State court denies restraining order in flavored vape ban

By: - September 30, 2019 5:23 pm

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A state court has denied an Upper Peninsula vape shop owner’s request for a temporary restraining order (TRO) ahead of a statewide ban going into effect on flavored vaping products.

Gretchen Whitmer, March 18, 2019 | Andrew Roth

The state Court of Claims on Monday afternoon denied the request by Mark Slis, who owns 906 Vapor in Houghton. The ban, proposed by Gov. Gretchen Whitmer using public health emergency rules, is scheduled to take effect on Wednesday.

The Court of Claims did order a Tuesday afternoon preliminary hearing in Circuit Court in Petoskey on a separate lawsuit filed by Slis and his attorney seeking injunctive relief. 

A similar suit in federal court by a Grand Rapids vape shop was also denied, according to WOOD-TV. 

Slis’ lawsuits state that flavored e-liquids make up the vast majority of his sales and his business won’t survive the six-month ban. Grand Rapids business publication MiBiz reported earlier Monday that other vape shop owners around the state feel the same way.

Whitmer has said that the ban is needed to combat youth vaping and similar bans have since been proposed at the federal level and in other states. 

A spokesperson for Whitmer did not immediately respond to a request for comment on Monday evening. An attorney for Slis did not, as well. 

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Nick Manes
Nick Manes

Nick Manes is a former Michigan Advance reporter, covering West Michigan, business and labor, health care and the safety net. He previously spent six years as a reporter at MiBiz covering commercial real estate, economic development and all manner of public policy at the local and state levels.