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Judges decline to stop vaping ban; hearing scheduled for Tuesday

The ban goes into effect on Oct. 2.
Credit: EVA HAMBACH/AFP/Getty Images
An illustration shows a man exhaling smoke from an electronic cigarette in Washington, DC on October 2, 2018.

PETOSKEY, Mich. — Judges in state and federal court have declined to stop Michigan's ban on flavored electronic cigarettes in the short term, although a hearing is in the works just hours before the policy takes effect.

Federal Judge Robert Jonker and Court of Claims Judge Cynthia Stephens separately rejected requests for retraining orders Monday. But Stephens says she'll hold a hearing Tuesday in Petoskey.

RELATED: Whitmer issues emergency rules banning flavored nicotine vaping

Mark Slis wants an injunction that would allow him and others to continue to sell flavored vaping products. He operates 906 Vapor in Houghton. Gov. Gretchen Whitmer's ban starts Wednesday.

Whitmer accuses the makers of using candy flavors and deceptive ads to hook children. But Slis claims the emergency rules circumvented Michigan's typical regulatory process.

RELATED: US vaping illness count jumps to 805, deaths rise to 13

Jonker says he'll give the state 14 days to respond to a different lawsuit filed in federal court.

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