LANSING (FOX 2) - Gov. Gretchen Whitmer's first in the nation ban on flavored vaping products is getting some blow back at the state Capitol where some Republicans are not on board with her unilateral action to ban those devices.
The governor is banning flavored vaping products because she believes it’s a health risk for an increasing numbers of young persons.
"There's been a 900 percent increase kids vaping from 2011-2015," she said.
That includes 78 percent of high school kids and 48 percent in the elementary schools last year. The governor is acting to save lives and nobody is against that, but some Republicans are up in arms over how she is doing it.
The governor recently signed a law making it illegal for minors to buy the products, so why is another ban needed? Some are asking.
"Because it's not being enforced," Whitmer said. "They are widely available and that's the problem."
This GOP senator who sponsored the ban on minors counters the problem is the state is not enforcing the ban.
"I just love it down here in Lansing when we don't enforce laws and create more laws and not enforce them. Just enforce the laws that are on the books instead of creating new ones," said State Sen. Rick Outman (R).
Vaping shop owners have 30 days to clear off their shelves and the American Vaping Association dismisses the governor’s actions as "a shameless attempt at backdoor prohibition" adding that "businesses will not go down without a fight."
One senator is worried about those owners.
"I don't have a problem with saving lives but what about legitimate businesses paying taxes and had no warning of this. They bought product and put it on the shelves and she signs an executive order. What's the impact for those businesses?" said State Sen. Peter Lucido, (R) Macomb County.
And one democrat contends the state regulates businesses all the time.
"Those folks will have complaints and concerns but we see that all over the state," said State Sen. Jeff Irwin, (D) Ann Arbor. "We regulate products that are dangerous to the public health."
The governor agrees, although she is prepared for a legal fight to keep unprecedented ban in place.