The Michigan Court of Claims on Tuesday denied an emergency motion from Jake’s Fireworks seeking to block a state public safety advisory on overloaded fireworks.
The decision follows a response filed by Michigan Attorney General Dana Nessel on behalf of the Department of Licensing and Regulatory Affairs (LARA), the Bureau of Fire Services (BFS), and State Fire Marshal Tom Hughes, urging the court to deny the motion.
Jake’s Fireworks, a fireworks wholesaler and retailer, filed a lawsuit to halt a June 1 Advisory Bulletin setting forth the Fire Marshal’s interpretation that under the Michigan Fireworks Safety Act, any device exceeding 500 grams of explosive material is outside the definition of “consumer fireworks” and cannot be sold to standard consumers, regardless of whether the product has federal transportation approval.
“With the Independence Day holiday and our country’s 250th anniversary upon us, Michigan consumers should be able to trust that the fireworks on store shelves at least comply with Michigan law,” said Nessel. “Whenever handling fireworks, safety must be the top concern, and if retailers ignore these laws to sell excessively loaded fireworks, that puts the public at an increased risk of harm. This advisory bulletin is a critical measure to protect our backyard celebrations and block parties from turning into an unexpected trip to the emergency room.”
The fireworks devices addressed by the Advisory Bulletin, known as “multiple tube mine and shell” or “cakes,” contain more than 500 grams of pyrotechnic composition, which exceeds the limits established by American Pyrotechnics Association standards for consumer-grade fireworks. Attorney General Nessel argued, consistent with the Advisory Bulletin, that the Michigan Fireworks Safety Act prohibits their retail sale alongside standard consumer-grade fireworks.
While Jake’s Fireworks argues that the U.S. Department of Transportation shipping classifications should allow them to sell these overloaded fireworks devices to the public, the Attorney General contends that a plain-language reading of Michigan law allows for no-such exception.
The decision follows a response filed by Michigan Attorney General Dana Nessel on behalf of the Department of Licensing and Regulatory Affairs (LARA), the Bureau of Fire Services (BFS), and State Fire Marshal Tom Hughes, urging the court to deny the motion.
Jake’s Fireworks, a fireworks wholesaler and retailer, filed a lawsuit to halt a June 1 Advisory Bulletin setting forth the Fire Marshal’s interpretation that under the Michigan Fireworks Safety Act, any device exceeding 500 grams of explosive material is outside the definition of “consumer fireworks” and cannot be sold to standard consumers, regardless of whether the product has federal transportation approval.
“With the Independence Day holiday and our country’s 250th anniversary upon us, Michigan consumers should be able to trust that the fireworks on store shelves at least comply with Michigan law,” said Nessel. “Whenever handling fireworks, safety must be the top concern, and if retailers ignore these laws to sell excessively loaded fireworks, that puts the public at an increased risk of harm. This advisory bulletin is a critical measure to protect our backyard celebrations and block parties from turning into an unexpected trip to the emergency room.”
The fireworks devices addressed by the Advisory Bulletin, known as “multiple tube mine and shell” or “cakes,” contain more than 500 grams of pyrotechnic composition, which exceeds the limits established by American Pyrotechnics Association standards for consumer-grade fireworks. Attorney General Nessel argued, consistent with the Advisory Bulletin, that the Michigan Fireworks Safety Act prohibits their retail sale alongside standard consumer-grade fireworks.
While Jake’s Fireworks argues that the U.S. Department of Transportation shipping classifications should allow them to sell these overloaded fireworks devices to the public, the Attorney General contends that a plain-language reading of Michigan law allows for no-such exception.
