Flavored vapor product bans in two States were temporarily stayed this week. On Tuesday, October 15, 2019, a Michigan state judge temporarily blocked the State’s emergency ban on flavored vapor products, which went into effect earlier this month. The plaintiffs were two vapor product retailers and an individual owner. In addition to presenting evidence that the ban had significantly hurt their businesses (resulting in the complete shutdown of one of the companies’ business), the plaintiffs also presented several witnesses whose testimony showed that the ban presented a harm to the public, challenged the efficacy of certain surveys presented by the State and challenged the supposed correlation between youth consumption of burning tobacco and e-cigarettes. Based on this evidence and testimony, the court ruled that “the defendants’ proffered reasons for the emergency declaration have fallen short” and that the plaintiffs had demonstrated a likelihood of success on the merits of their claims and enjoined and restrained the State from enforcing the emergency rules. Michigan Governor Gretchen Whitmer announced the State will appeal the ruling before the Michigan Supreme Court. For a copy of the Opinion and Order, click here.

On Thursday, October 17, 2019, the Oregon Court of Appeals also temporarily blocked Oregon’s emergency ban on flavored vapor products. In a two-paragraph order, the court explained that the stay was issued because petitioners “would be forced to permanently close within weeks.” For a copy of the Order Granting Temporary Stay, click here.