Hey guys, it’s Dawn again your ever loyal and EXTREMELY excited A Clean Cigarette blogger. As many of you know our Governor here in Michigan recently banned ALL flavors including menthol from e-cigarettes. She did it in a backhanded and horrible way. She then actually said in an interview if we did not like it we could “bring it”. Well, we did… it was not easy and the battle caused a few casualties but we brought it and we WON!!! Flavors are back in Michigan. We can now sell all flavors including menthol and mint!
First things first…
You guys. All of you, you freaking rock. Seriously, guys, my eyes are tearing up as I type this paragraph. Because of you guys and your hearts we had a footing. Your voices should be remembered throughout history as the voices that stood against the MOST deadliest substance on earth and a winning blow waws struck. All I can say is thank you.
I know that I speak for every one of my team members when I say it is an honor to be a part of this and it is an HONOR to serve you.
So what did we win exactly?
This was a three-step process to make sure flavors are back in Michigan
1st step … ask the courts for a TRO (temporary restraining order)
- Held in Petoskey, Michigan
- Requested a TRO that would hold off the ban until we could go to step two
- Another company filed first so they did not hear from ACC
- We lost this round. The Judge did not feel the other company had presented a strong enough case for the TRO but did make the 2nd step available to us quickly So she could hear us asap.
2nd Step….asking the courts for an injunction of the emergency rules the Governor issued banning flavors.
- Took place in Detroit, Michigan
- We requested an injunction that would stop all of the emergency rules until we get to step 3.
- The request was made based on irreparable harm. This time we got to speak and we made the case that these rules would not only cost us revenue and our team member’s jobs, it would also cost lives.
- We also argued that there was no cause for emergency rules. There was not time is of the essence situation that should prevent flavors from coming back to Michigan.
- The courts agreed. WE WON!!!
- So all of the emergency rules including those banning flavors including menthol are now on hold.
3rd Step… waiting on a date for a full trial against emergency rules.
- Location TBD
- Date and Time TBD
- This is where all sides play all their cards. It’s also where things go from expensive to crazy when it comes to cost.
The 3rd step looks daunting… But don’t let it scare you!
Here is the thing with the third step. The 2nd step has a huge impact on it. What I mean is that in order to win an ijuction we had to show that our case was strong enough that if we go to trial, we have a reasonable expectation to win.
This is what a report on what the Judge’s ruling was, take an extra look at the bold wording.
Tuesday, October 15, 2019, 02:23 PM
“Judge Halts Ban On Vaping Flavors
The state must cease enforcement of the ban the Department of Health and Human Services imposed on e-cigarette flavors, a judge ruled today.
Michigan Court of Claims Judge Cynthia Stephens granted the request for a preliminary injunction from two e-cigarette businesses to block the emergency rules the DHHS promulgated at the direction of Governor Gretchen Whitmer.
Ms. Stephens said the two plaintiffs presented sufficient evidence of irreparable harm to justify the preliminary injunction. Further, Ms. Stephens said the plaintiffs are likely to prevail on the merits of their case that the rules are procedurally invalid under the Administrative Procedures Act.
The judge pointed to an eight-month lag between the data DHHS cited and the issuance of emergency rules.
“The court finds that defendants’ lengthy period of inaction, combined with the old data, undermines the emergency declaration in this case,” she wrote”
That single line means a LOT
Basically, the Judge believes that moving forward our case is strong enough to not only support this injunction but also prevail if this thing goes to trial. At this point, the Governor’s Office can decide that based on the merits of our case going to trial would be a waste of State funds. Now she does not have to decide that, but she can. if she does then they will drop the rules and there will be no need for a trial.
If she doesn’t, then we will have no choice but to “bring it”. We promised we would fight for you and we have. We won’t be stopping anytime soon. For now, we are just glad that flavors are back in Michigan.
!!!!!!!!!!Flavors are back in Michigan!!!!!!!!!!!
All banned flavors are now available at regular price ALL store locations.
Four hours after the Judge ruled Govenor Whitmer filed an emergency appeal to our injunction. Basically skipping over the 3rd step mentioned above and going right to the big leagues. That means in as little as 72 hours we could have to finance a Supreme Court case. The cost is crazy.
She is trying to make us stop. She is using our tax dollars to fight us! All while crippling us for 2 weeks before we have to be in the ring.
But we are not afraid and we will keep fighting. The cost is crazy and we need help. If you can offer even $10 please do. If enough of us do then we will all win.
PS. Still, have questions? Ask in the comments below!!