After failing within the Michigan Supreme Court docket TWICE, Gov. Whitmer tries ban vaping once more

After failing in the Michigan Supreme Court TWICE, Gov. Whitmer tries ban vaping again


Simply two weeks in the past on September 18, the Michigan Supreme Court docket denied Governor Gretchen Whitmer’s emergency order to enact a ban on the gross sales of flavored vapes statewide.   Her authentic reasoning behind the ban – which she first enacted approach again in September 2019 – was the so-called teen vaping epidemic and the alleged surge in diagnoses of a mysterious lung dysfunction known as EVALI. 

The Michigan Supreme Court docket wasn’t shopping for it, stating in courtroom paperwork, “The courtroom just isn’t persuaded that the questions introduced needs to be reviewed by this courtroom.” Maybe their determination had one thing to do with the acknowledgement of the U.S. Facilities for Illness Management and Prevention (CDC) in November of that very same 12 months that EVALI just isn’t brought on by nicotine-based vapes.

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Then final Friday, Whitmer was dealt a second political blow by the state’s highest courtroom in as many weeks.  In March 2020, Whitmer had issued a number of different govt orders declaring a state of emergency surrounding the then-newly-discovered coronavirus pandemic.  She shut faculties, church buildings, eating places, bars, and different small companies. 

On October 2, the Michigan Supreme Court docket dominated towards Whitmer once more.  “We conclude that the Governor lacked the authority to declare a ‘state of emergency’ or a ‘state of catastrophe’ underneath the EMA after April 30, 2020, on the premise of the COVID-19 pandemic,” the courtroom dominated by a 4-3 margin.

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Whitmer’s conflict on vaping continues: No extra ‘emergency orders’

One would possibly assume that if a United States governor had been to be rejected by her state Supreme Court docket not as soon as however twice in a two-week timeframe, she would possibly need to rethink her legislative targets.  Not Governor Whitmer.  She’s pushing forward like a bull in a China store.

However this time, as a substitute of going with an emergency govt order, she’s determined to steer the Michigan Division of Well being and Human Companies (MDHHS) to request a brand new rule which might implement a whole ban on the gross sales of flavored vapes.  Nicotine flavors can be exempt, but when enacted, the brand new rule would seemingly put most Michigan vapes store out of enterprise. 

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It might additionally open the doorways broadly to the black market, the exact same distributors who’re answerable for the outbreak of the EVALI dysfunction that Whitmer was initially so strongly combating towards.  In February 2020, the CDC publicly acknowledged that EVALI is brought on by contraband THC cartridges containing vitamin E acetate. Nicotine-based vapes had nothing by any means to do with it.

But when Whitmer criminalizes these typical vapor merchandise, then they, too, might be inclined to nefarious black market practices.  The dangers to public well being for each teenagers and adults utilizing vaping merchandise to assist them give up smoking will instantly and considerably rise to alarming proportions.  

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Nonetheless, all hope just isn’t but misplaced.  The MDHHS might be accepting public feedback throughout an open listening to slated for October 20, 2020.  The vaping advocacy group CASAA (Shopper Advocates for Smoke-Free Options Affiliation) is issuing a nationwide call-to-action urging vaping fans and companies alike to get entangled.

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(Picture courtesy of YouTube/C-SPAN)