The state ban has been challenged in state and federal courts by vape shop owners since it was implemented Oct. 1. However, Judge Cynthia Stephens ruled Marc Slis, owner of 906 Vapor, presented a “compelling case", according to MIRS News. 

According to the Detroit News, Judge Stephens stated that “the facts of the case weigh ‘in favor of granting relief’ and banned the state from enforcing its rules ‘until further order of this court.’”

The law was implemented to combat a declared public health emergency over the increase of youth’s use of flavored e-cigarettes. Last week, state health officials confirmed the first death linked to a vaping-related illness.

Under the emergency rule, retailers who sold flavored vape products could be charged with a misdemeanor that’s punishable by a $200 fine and/or 6 months in prison.

Governor Gretchen Whitmer plans to appeal the decision to the Michigan Supreme Court..

“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,” said Whitmer 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.”

Attorney General Dana Nessel agrees. 

“The youth vaping crisis is an urgent public health matter that demands immediate action, Nessel said in a statement. “To that end we are preparing to seek an immediate stay and will seek leave to appeal the judge’s decision directly to the Supreme Court.”

The Attorney General’s statement said nicotine e-cigarette use increased 900% between 2011-2015 nationwide, including 1 in 5 high school students and 1 in 20 middle school students in 2018. 

This is a developing story. We'll continue to update this article, check back for more updates and keep up with us on Twitter @thesnews.

This story was updated to include official statements from Gov. Gretchen Whitmer and Attorney General Dana Nessel