Michigan’s ban on flavored e-cigarettes has hit a snag. Michigan Court of Claims Judge Cynthia Stephens issued a preliminary injunction Tuesday, saying Gov. Gretchen Whitmer’s delay in implementing the ban undercut her position that emergency rules were needed. In addition, Stephens pointed to evidence that adults will use more harmful combustible tobacco products if flavored vaping products are banned.

Michigan’s ban on flavored e-cigarettes took effect on Sept. 18, giving businesses 14 days to comply by removing the products from shelves.  The owner of a shop in Houghton, Marc Slis, then filed a lawsuit to stop the state from enforcing the ban.

Michigan was the first state to ban vaping products, but New York and Rhode Island have since taken similar action.  The Centers for Disease Control and Prevention reports hundreds of people have been hospitalized for lung-related illnesses. More than a dozen people have also died from causes related to vaping.