Michigan cites health emergency, first to ban flavored e-cigarettes

Michigan on Wednesday became the first state in the nation to ban flavored e-cigarettes, a step the governor said was needed to protect young people from the potentially harmful effects of vaping.

Gov. Gretchen Whitmer said the state health department found that youth vaping constituted a public health emergency, prompting her to take the action.

“My No. 1 priority is keeping our kids safe and protecting the health of the people of Michigan,” said Whitmer, a Democrat.

She complained that e-cigarette companies are using sweet flavors, such as bubble gum and “fruit loops,” to hook young people on nicotine, with potentially long-term harmful consequences.

The ban, which covers retail and online sales, goes into effect immediately and will last for six months. It can be renewed for another six months. In the meantime, state officials said, they will develop permanent regulations banning flavored e-cigarettes. The state Legislature could try to block those rules, but such legislation would face a veto, they said.

Whitmer’s move applies to retail and online sales of vaping products that use sweet and fruity flavors, as well as mint and menthol ones. It does not cover tobacco-flavored e-cigarettes.

The governor also prohibited what she called misleading descriptions of vapor products such as “clear,” “safe” and “healthy,” and ordered the enforcement of a ban on using billboards to advertise for e-cigarettes.

Businesses will have 30 days to comply with the order, Whitmer said.

The state Department of Health and Human Services, in finding that youth vaping is a public health emergency, cited studies showing that vaping products contain a variety of chemicals and metal particles whose long-term health impact is unknown.

It also noted that nicotine can affect the developing brain and that studies indicate that young people who vape are more likely to start smoking regular cigarettes.

While Michigan is the first state to prohibit sales of flavored e-cigarettes, several cities and communities have restricted or banned sales of e-cigarettes. In late June, San Francisco became the first major city in the United States to ban the sale and distribution of all e-cigarettes. That ban goes into effect early next year.

Vaping advocates are expected to oppose the Michigan ban as misguided and potentially harmful. While many concede that the longterm effects of e-cigarettes are not known, they say vaping is almost certainly safer than traditional cigarette smoking, which is responsible for more than 480,000 deaths a year in the United States. Making it harder for smokers to get e-cigarettes means some smokers will go back to regular cigarettes, they say.

Whitmer’s order comes amid a recent spate of serious lung illnesses, including one death, that have been linked to vaping. State and federal officials have said they are focusing closely on possible contaminants or counterfeit substances in black-market marijuana products. But they also have stressed that they have not ruled out any vaping products, including nicotine e-cigarettes.