LANSING – Citing failures in how Michigan handled the Flint drinking water crisis, Governor Gretchen Whitmer Friday filed an emergency request for the Supreme Court to take the case of the state’s vaping rules directly.
Whitmer also filed for an emergency appeal with the Court of Appeals to hear the case after last week the Court of Claims issued a preliminary injunction on the emergency rules that barred the sale of flavored vaping products.
And with the state now reporting 44 cases of people getting ill from e-cigarette related illness, the Department of Health and Human Services reported on the results of tests of the vaping materials used by five patients which showed that at least one patient was injured by a vaping product that included Vitamin E Acetate.
Meanwhile, a bipartisan group of legislators has introduced a series of three bills to ban the use of Vitamin E Acetate in products.
In filing her appeals and request, Whitmer said given how, “the Flint water crisis was mishandled, it more important than ever that we listen to our public health officials when they make recommendations to protect our citizens.”
Whitmer said the state’s chief medical officer, “found that the explosive increase in youth vaping that we’ve seen over the past few years is a public health emergency. For the sake of our kids and our overall public health, we must act swiftly to get these harmful and addictive products off the market.”
And she said she was, “hopeful that the Supreme Court will immediately take up this case so we can ensure our kids safety.”
The state issued emergency rules last month after an increasing number of cases of unexpected and still not completely understood diseases related to the use of e-cigarettes and vaping occurred. According to the federal Centers for Disease Control and Prevention there have been some 1,604 reported cases of illnesses nationwide related to vaping. The illnesses have caused 34 deaths, including one in Michigan.
The emergency rules prohibited the sale of any flavored vapors, except for tobacco flavors, for six months to all users. The state had recently enacted legislation limiting vaping among minors – which Whitmer signed under some protest, saying it didn’t go far enough – but information related to the Michigan cases showed most those who grew ill were adults.
Owners of retail outlets selling vaping products said the rules would put them out of business, and when the rules took effect several stores filed suit against the state and Whitmer. Last week the Court of Claims issued a temporary stay of the rules, saying there was a good chance the plaintiffs would succeed in their claims.
In the emergency appeal to the Court of Appeals, Whitmer and the state said the Court of Claims wrongly issued a preliminary injunction because the court, in part, said the state delayed issuing the emergency rules after it got initial information on the vaping illnesses, and was also wrong in suggesting the plaintiffs would succeed in their arguments.
In her request to the Supreme Court to immediately take control of the case, Whitmer said: “This case cries out for immediate action. Middle school and high school students are increasingly using flavored nicotine vapor products at an explosive and alarming rate. Nicotine is highly addictive and negatively impacts the developing brain. Research shows that youth who use such products are significantly more likely to start smoking combustible cigarettes – notwithstanding the documented and well-known negative health consequences associated with the use of cigarettes.”
She also said the Claims Court abused its discretion in issuing the preliminary injunction in the case.
Rep. Julie Brixie (D-Okemos) praised Whitmer, saying the ban on vaping products was a “bold, necessary step to address the predatory advertising that has caused a vaping epidemic among our youth. We have a moral obligation to help prevent an entirely new generation from falling victim to lifelong addiction to nicotine and the associated health risks.”
DHHS reported on test results it had received on vaping materials it collected in five lung injury cases, and found that products used by two patients contained only nicotine, one patient’s products had tetrahydrocannabinol (the active agent in marijuana), one patient had products that contained both THC and nicotine, and one included THC and Vitamin E Acetate. One of the fifth patient’s products, called Dank Vape Birthday Cake, contained 23 percent Vitamin E Acetate.
DHHS also received two vaping cartridges from a medical marijuana caregiver which had 40 percent of Vitamin E Acetate.
This week, Rep. Abdullah Hammoud (D-Dearborn), Rep. Frank Liberati (D-Allen Park) and Rep. Joe Bellino (R-Monroe) introduced HB 5959, HB 5160 and HB 5161 to ban the use of Vitamin E Acetate in all vaping products that are marijuana, nicotine and nicotine alternative vaping products.
“As findings on the vaping health epidemic continue to emerge, we know our state can address a critical issue by banning products with Vitamin E acetate, which studies have linked to major health effects,” said Mr. Hammoud. “While the merits of vaping continue to be debated, banning this chemical is essential and urgent while we fight to solve this issue.”
And DHHS continued to urge state residents not to use e-cigarette and vaping products.
“This outbreak is still under investigation, and the exact substance or devices that are causing the outbreak are unknown,” Dr. Joneigh Khaldun, the state’s chief medical executive said.
This story was published by Gongwer News Service.