Michigan Vape Ban Injunction Upheld At Appellate Court

Law360 (May 21, 2020, 9:14 PM EDT) -- A Michigan state appellate court upheld an injunction against an emergency ban on the sale of flavored vape products Thursday, finding that the governor and state health department are entitled to deference on their decisions, "but not complete capitulation."

Judge Jane E. Markey, writing for the panel, said the lower court did not abuse its discretion by granting the preliminary injunction motion brought by vape shops A Clean Cigarette and 906 Vapor, and 906 Vapor owner Marc Slis. The order in the shops' consolidated cases held that A Clean Cigarette and 906 Vapor showed a likelihood of success on the merits...

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