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Slis v. State of Michigan (Court of Appeals of Michigan, May 21, 2020): A Michigan state appellate court upheld an injunction against an emergency ban on the sale of flavored vape products. To combat “a vaping crisis among the youth” in Michigan, emergency rules prohibit the sale and distribution of flavored nicotine products. Sellers of vapor products banned under these rules sued, arguing that the rules are procedurally invalid, threatened irreparable harm to the sellers, and would negatively impact adults who use vapor products to quit smoking. The appellate court held that the Governor and state health department are entitled to deference on their decisions, “but not complete capitulation.” They failed to provide evidence that an “emergency” existed such that a “period of delay” in issuing rules under existing procedures, “would make any relevant difference in preserving the public’s health, welfare, or safety.” Read the decision here.

View all cases in the Judicial Trends in Public Health – July 15, 2020.

View all cases under “Mitigating the Incidence & Severity of Injuries & Other Harms.”