A vape shop in the Upper Penninsula is suing to stop Gov. Gretchen Whitmer’s ban on flavored e-cigarettes.

Mark Slis, owner of 906 Vapor in Houghton County, filed the lawsuit Wednesday.

He says the emergency rules are illegal and will force him to close his store. The lawsuit also states the laws are invalid and arbitrary because tobacco products are not impacted by the ban.

It is believed to be the first lawsuit on the issue.

Stores are expected to start complying when the ban comes into affect on Oct. 2.

The rules include a ban on the sale of flavored nicotine vaping products, both in retail stores and online.

Michigan’s governor issued the emergency rules to protect residents against what she says are the “harmful effects of vaping.”

She says the e-cigarette industry is using flavors and deceptive advertising to target children.

Juul Labs, an e-cigarette company, announced today it will no longer advertise in light of the nationwide controversy.