State Rep. Matt Hall (R-Marshall) today panned Gov. Whitmer’s decision to ban the sale of flavored e-cigarette products without the involvement of the Legislature and the public as lacking the transparency citizens deserve from their government.

“The governor’s decision to circumvent the democratic process by executive privilege evades any chance for legislative oversight, open hearings and public testimony on what she described as a growing health epidemic,” Hall said. “Considering the governor recently signed into law our legislative plan to keep e-cigarettes out of the hands of Michigan’s youth, it is confusing for her to dodge the democratic process this time around. Our plan was debated through several legislative committees over several weeks and included testimony from industry experts, small business owners and citizens.

“For this reason I strongly urge the governor to reconsider her approach and hold public hearings on these emergency administrative rules so that all communities across the state may have their voices rightfully heard.”

Through a declaration of emergency, the governor is permitted to create rules that bypass a public hearing by the Legislature’s Joint Committee on Administrative Rules.

On Wednesday, Gov. Whitmer ordered the Michigan Department of Health and Human Services (DHHS) to issue emergency rules banning the sale of flavored nicotine vaping products in retail stores and online – making Michigan the first state to issue a sales ban on such products for people of all ages.

Michigan law allows for state agencies to create regulations and policies through the administrative rules process that, once approved, have the force of law. Although DHHS has yet to file the vaping ban rule, when authorized the ban will be effective immediately and last for six months. Michigan businesses will be given a 30-day window to comply.