Last Updated: 10/17/19
This state specific posting is part of an ongoing effort to provide updated information to consumers and businesses within the vaping industry regarding existing, upcoming, and potential bans of vaping products.
We will continue to work to keep the information as current and up to date as possible to answer questions you may have and help alleviate concerns and misinformation.
While we work to include as much relevant information as possible, we recommend going directly to the government website for your state to find additional information such as “Notices of Public Hearings”, “Voting Deadlines”, and updates on relevant legislation.
While things are far from finalized, let’s take a look at what we know so far for Michigan.
Michigan Court of Claims temporarily blocked the ban on flavored e-cigarette products. Court of Claims Judge Cynthia Diane Stephens said in her ruling:
“Not only has plaintiff A Clean Cigarette lost a significant percentage of its sales and closed several stores due to the ban, the ban will force plaintiff to rebrand itself entirely ... In essence, the emergency rules will destroy plaintiff A Clean Cigarette’s business as it currently exists”
Govenor Gretchen Whitmer said she planned to ask for a stay of the Court of Claims ruling and appeal it directly to the state Supreme Court.
BAN ANNOUNCED ON FLAVORED E‑CIGARETTES
Gov. Gretchen Whitmer ordered the ban and made an official announcement Wednesday, September 4th. The ban was facilitated through Michigan’s administrative rules process. This process allows state agencies to write regulations, statements, standards, policies, rulings, or instructions that will have the effect of law once adopted.
A summary of the Michigan rule making process can be found at the Michigan.gov website via the link below.
WHY WAS THE BAN ORDERED?
As stated in the above press release from The Office of Gretchen Whitmer:
“Governor Whitmer ordered the Michigan Department of Health and Human Services to issue emergency rules to ban the sale of flavored nicotine vaping products in retail stores and online, and ban misleading marketing of vaping products, including the use of terms like “clean,” “safe,” and “healthy” that perpetuate beliefs that these products are harmless. The governor also ordered the Michigan Department of Transportation to enforce an existing statute to prohibit the advertising of vapor products on billboards.”
The new flavored e‑cigarettes ban will add to the previously signed Senate Bills 106 and 155 which clarify that it is illegal to sell e‑cigarettes and other non-traditional nicotine products to minors.
WHEN WILL THE BAN TAKE EFFECT?
The ban will take effect once the Department of Health and Human Services drafts the rules and submits them for processing through the Administrative Rules Process. Some reports have indicated a 30 day timeframe, although the Rulemaking Process Summary indicates specific procedural steps that may extend preliminary estimated timelines. While the process does include a Public Hearing for Public Comment, it is unclear if the full process will be followed per the Administrative Procedures Act, 1969 PA 306, MCL 24.201 to 24.328.
WHAT DOES THE BAN MEAN TO RETAILERS?
Right now it is difficult to know exactly how the new ban will affect the day to day life of businesses that sell vaping products in Michigan because the rules have yet to be drafted. However, based on what we know right now, here is what we can expect once the ban takes effect.
Enforcement information is unclear at this time.
Fine information is unclear at this time.
• Ban on the sale of all flavored nicotine vaping products in retail stores and online.
• Ban on misleading marketing of vaping products including the use of terms like “clean”, “safe”, and “healthy”.
• Prohibition of advertising of vapor products on billboards.
Ban on the sale of all flavored (with the exception of tobacco) nicotine vaping products in retail stores and online. While this most assuredly includes a ban on all online sales shipped into Michigan, it remains unclear how the ban will affect the online sale of the banned products being shipped out of the state of Michigan. We will update this post with new information as it is released.
WHAT DOES THE BAN MEAN TO CONSUMERS?
Again, until the rules are drafted and in effect it is difficult to know exactly how the new measure will affect consumers in Michigan. However, based on what is currently known:
Consumers will still be able to purchase tobacco flavored e‑cigarettes and nicotine e‑liquids.
FREQUENTLY ASKED QUESTIONS
If I am an adult can I still vape?
Right now, Yes. Although the only flavored e‑cigarette products you will be able to buy will be tobacco flavored.
How long will the ban be in effect?
Reports indicate the ban will be in effect for 6 months, at which time it can be renewed for another 6 months.
How can I make sure my vaping products are safe?
Make sure you only buy FDA Compliant products that have been registered with the FDA prior to the 8/8/2016 compliance deadline.
Can I buy or sell unflavored nicotine?
Yes. The new ban does not include a ban on unflavored nicotine as it is used in a number of industries and applications other than vaping. However, the new rules may make distinctions regarding the type of nicotine advertising, prohibiting anything appearing to be geared toward minors.
Can I still buy or sell flavors?
YES. The new ban does not include a ban on flavors as they are used in a wide variety of industries and applications other than vaping. However, the new rules may make distinctions regarding the sale of flavors in stores within a certain distance of nicotine products similar to the tobacco rules for retail stores.
As the vaping industry tries to adapt to keep up with the changing laws and regulations, our goal at Liquid Barn is to help vapors and businesses in the vaping industry better understand the current landscape and options available to them.
ABOUT LIQUID BARN
Liquid Barn™ is a top-tier manufacturer, online retailer, and wholesale supplier of eLiquid compounds and accessories. We specialize in providing BASE, our FDA compliant unflavored vape juice consisting of only propylene glycol, vegetable glycerin, and optional nicotine. Giving vapors the control to add their choice of FDA compliant flavors and sweeteners as desired. As leaders in e‑cigarette technology and safety, we proudly source our ingredients from the most reputable sources available on the market, while continuing to adapt to consumer needs and FDA regulations.