Vapouround Magazine ISSUE 29 | Page 82

N F E R H FEATURES OUT OF Flavour Flavour bans and PMTA deadline put US vapers at risk of relapse Words: Gordon Stribling America’s ongoing war on flavours is a frustrating battleground for the vape advocate. Vaping adversaries want to ban the sweet flavours that help adults quit smoking while, at the same time, claiming to be anti-tobacco. health, welfare or safety.” The flavour ban had been something of a personal crusade of Whitmer in the months before the rule was signed off. The judges noted that Witmer was ‘entitled to due deference’ but not ‘complete capitulation’ from the court process when ruling on what constitutes an ‘emergency.’ Michigan’s vape community is all too familiar with this story. On September 18, 2019, Governor Gretchen Whitmer issued an emergency rule banning the sale of flavoured nicotine vape products. Whitmer cited state chief medical executive Dr. Joneigh Khaldun, who said that high youth vaping rates amounted to a public health emergency. Two vape shop owners sued on the grounds that the ban would create irreparable harm and on October 15 a preliminary injunction was granted. Judge Mark T. Boonstra questioned whether Whitmer’s actions amounted to totalitarianism, saying: “This case highlights for me a growing concern about governmental overreach, both in this case specifically and also more generally, and because sometimes we as Americans need a wake-up call.” The ruling was some much-needed good news for Michigan’s embattled vape industry, which has been hit especially hard by the twin forces of flavour bans and coronavirus lockdown. But while Michigan’s vapers have been granted a reprieve, the same cannot be said for New York. In May this year, a three-judge panel of the Michigan Court of Appeals upheld the injunction. Judge Jane E. Markey wrote: “Bluntly stated, the defendants did not produce evidence that an emergency situation existed such that a period of delay would make any relevant difference in preserving the public’s Two new laws restricting tobacco product sales came into effect on May 18. The first prohibits the sale of nicotine and tobacco products in pharmacies and the second outlaws the sale of all flavoured e-liquids. Flavourless and tobacco-flavoured e-liquids were not affected, 80 VM29