The Michigan Court of Claims stopped the state's ban on flavored vapes Tuesday, issuing a preliminary injunction against the ban, which began on Oct. 2.

The harm done to vape businesses that would have to shut down because of the ban outweighs the interest of the state in stopping youths from using the products, Court of Claims Judge Cynthia Diane Stephens said in her ruling.

“Not only has plaintiff A Clean Cigarette lost a significant percentage of its sales and closed several stores due to the ban, the ban will force plaintiff to rebrand itself entirely,” she wrote. “In essence, the emergency rules will destroy plaintiff A Clean Cigarette’s business as it currently exists.”

A Clean Cigarette has 20 vape stores around the state and was one of two businesses that sued the state over the flavored vape ban. The other is the 906 Vapor vape shop in Houghton.

Gov. Gretchen Whitmer said she planned to ask for a stay of the Court of Claims ruling and appeal it directly to the state Supreme Court.

Marc Slis, owner of 906 Vapor, closed his shop on Oct. 1 and was preparing to take one step closer to bankruptcy when he heard the news Tuesday afternoon. Instead, Slis called his lone employee and asked him to hurry up and begin stocking the shelves again.

"We’re usually not open on Tuesdays, but once he or I or both of us are there, we’re going to open the doors and turn on the 'Open' sign," he said. "My customers already started going to Wisconsin for the vapes or my newer customers already went back to (cigarette) smoking, which hurts even worse. My motivation wasn’t so much for my business, but to help people break the cigarette habit. That’s the big win."

Michigan was the first state to issue a ban on flavored vapes in the midst of growing health issues surrounding vaping. The Centers for Disease Control and Prevention is investigating nearly 1,300 cases of lung disease that some officials believe were triggered by vaping, with most of the problems happening to people who were smoking marijuana-based vapes. At least 26 deaths, including one in Michigan, have been attributed to the lung disease. In Michigan, 35 lung disease cases have been reported, according to the Michigan Department of Health and Human Services.

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Whitmer announced the ban on Sept. 4 and retailers had to remove flavored vape products from the shelves, beginning on Oct. 2. And now, she's headed to the state Supreme Court in an attempt to appeal the Court of Claims ruling.

“This decision is wrong. It misreads the law and sets a dangerous precedent of a court second-guessing the expert judgment of public health officials dealing with a crisis,” Whitmer said in a statement. “The explosive increase in youth vaping is a public health emergency, and we must do everything we can to protect our kids from its harmful effects."

"Enough is enough," she added. "Our kids deserve leaders who will fight to protect them. That’s exactly what I’m doing today.”

Michigan Attorney General Dana Nessel said she is prepared to appeal the case immediately.

“We are resolute in our efforts on behalf of Governor Whitmer and the Michigan Department of Health & Human Services to protect the health of Michigan’s children," she said in a statement. "The youth vaping crisis is an urgent public health matter that demands immediate action."

And the American Lung Association applauded the quick reaction by Whitmer and Nessel.

“We believe that the health of Michigan’s youth is paramount,” said Ken Fletcher, director of advocacy for the association. “There is a public health emergency in Michigan and across the country. The lung association remains deeply concerned about the injuries and deaths attributed to vaping across the country, including here in Michigan."

Several states — Massachusetts, Rhode Island, New York, Oregon, Montana and Washington — followed Michigan’s lead in banning flavored vapes or all vape products, and the administration of President Donald Trump indicated that it would implement a ban on the flavored products.

But Stephens said the state was fully aware of the problem nearly a year ago and couldn’t justify the need for the emergency rules.

“Indeed an agency cannot create an emergency by way of its own failure to act,” she wrote. “The court concludes that the record, at least at this juncture, does not substantiate the declaration of an emergency which necessitated dispensing with the … normal rule-making procedures which afford the public meaningful opportunities to be heard.”

She also noted that there was evidence that adults using flavored vapes as a means to quit smoking could revert back to traditional cigarettes.

“There is evidence in the record supporting the notion that many adult users of flavored vaping products will return to more harmful combustible tobacco products,” Stephens wrote.

The issue doesn't go away, however. Stephens wrote, "This is not a final order and it neither resolves the last pending claim nor closes the case."

Kevin Blair, a partner in the Lansing office of the Honigman law firm, which represented A Clean Cigarette and 906 Vapor — said he was pleased with the ruling, "and we’re looking forward to a full trial on the merits of our case."

Justin Dabish, a cashier at the Detroit Smoke and Vape shop near Wayne State University, said he was glad for business getting back to normal.

"We're putting some products back on the shelf right now," he said.

Andrea Bitely, spokeswoman for the Defend MI Rights Coalition of small businesses opposed to the ban, said the ruling was proof that the state's rules on vaping products were a government overreach.

"We are ready to work through the normal legislative process to arrive at a balanced solution that protects the rights of adults to use vaping products as an alternative to combustible cigarettes," he said. "And at the same time get these products out of the children’s hands.”

Two bills have been introduced in Lansing that would reverse the ban on flavored vapes. And a law banning the sale of vape products to minors went into effect earlier this year.

Kristen Jordan Shamus contributed to this report. Contact Kathleen Gray: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal.