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NATO Update: State Emergency Vaping Regulations

The following is an update from the National Association of Tobacco Outlets (NATO) sourced through their October 15th online bulletin. Reposted with permission.

As part of NATO’s continued reporting on state actions regarding restrictions on the sale of electronic cigarette and nicotine vapor products, below is an update on litigation and other state actions that have occurred this week.

State of Michigan: A decision by the Michigan Court of Claims has granted a preliminary injunction against the enforcement of an emergency rule issued by the Michigan Department of Health and Human Services that prohibited the sale of flavored electronic nicotine vapor delivery systems (e-cigarettes, hookah pens, vape pens, and vaporizers) across the State of Michigan.  The court decision was issued on October 15, 2019 and restrains the Michigan Department of Health and Human Services from enforcing the emergency rule titled “Protection of Youth from Nicotine Product Addition Emergency Rules.”

This decision is a preliminary injunction which means for that the time being retailers can once again sell flavored electronic nicotine vapor delivery systems (e-cigarettes, hookah pens, vape pens, and vaporizers) in Michigan.  The next step in the litigation process will involve the plaintiffs pursuing further motions asking the Michigan Court of Claims to issue a permanent injunction against enforcement of the emergency rule.  Until that time, retailers are able to legally sell flavored electronic nicotine vapor delivery systems.  A copy of the Court of Claims decision accompanies this bulletin.

State of Washington: The Washington Liquor and Cannabis Board, the state agency which is enforcing the state’s emergency rule regarding restrictions on the sale of flavored vaping products, has now clarified that retailers need to display the accompanying sign in their stores.  The board originally released two different signs, either of which needed to be displayed in retail stores.  After further NATO inquiry, a board representative has informed NATO that the sign to display is the one being sent with this NATO News.  Also, the board will be mailing the sign to all licensed retailers in the coming days.