State Rep. Doug Wozniak today questioned the process of Gov. Whitmer’s decision to ban the sale of flavored e-cigarette products without the involvement of the Legislature and public, calling the move undemocratic.

 “The Legislature has already proven its willingness to work with the governor on this pressing issue when we recently banned the sale and possession of e-cigarettes to minors,” said Wozniak, of Shelby Township. “There’s no way of justifying the governor’s decision to bypass the Legislature and the public this time around. We all want to better protect our children from the health hazards of e-cigarettes. The governor can and should work with lawmakers on finding solutions to make our communities safer, and this nontransparent approach isn’t the democratic way to do it.”

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.

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.