Vaping FAQs

did michigans governor illegalize vaping

by Nathanial Auer Published 2 years ago Updated 1 year ago
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On September 4, 2019, Governor Gretchen Whitmer took aggressive action to protect Michigan kids from the harmful effects of vaping. These actions included making Michigan the first state in the nation to ban flavored nicotine vaping products.

What is Michigan’s policy on vaping?

On September 4, 2019, Governor Gretchen Whitmer took aggressive action to protect Michigan kids from the harmful effects of vaping. These actions included making Michigan the first state in the nation to ban flavored nicotine vaping products. What are e-cigarettes?

Is Michigan the first state to ban flavored e-cigarettes?

These actions included making Michigan the first state in the nation to ban flavored nicotine vaping products. What are e-cigarettes? Electronic cigarettes (e-cigarettes) is the name given to a group of battery-operated tobacco products that allow users to inhale aerosolized liquid (e-juice) containing nicotine and other substances.

How do I report sales of e-cigarettes to the FDA?

Call the FDA at 1-877-287-1373 to report sales to minors. There are currently two laws in Michigan that govern e-cigarettes — Public Acts 17 and 18 of 2019. Michigan Public Act 17 of 2019 (signed June 5, 2019; effective Sept. 2, 2019):

Why is the Michigan vape ban on hold?

Who is the governor of Michigan?

About this website

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Can you buy a vape at 18 in Michigan 2022?

"The purchase of a tobacco product, vapor product, or alternative nicotine product by a minor under 21 years of age and the provision of a tobacco product, vapor product, or alternative nicotine product to a minor are prohibited by law.

What states are banning Vapes?

U.S. bans on flavored vapes and online salesArkansas – online sales ban. ... California – flavor ban (on hold until 2022) ... Maine – online sales ban. ... Massachusetts – flavor ban. ... New Jersey – flavor ban. ... New York – flavor ban + online sales ban. ... Oregon – online sales ban. ... Rhode Island – flavor ban.More items...•

Can you vape in Michigan?

Michigan 18-year-olds can vote, buy rifles or register for the military draft, yet they are now too young to legally buy cigarettes or vaping devices.

Is vaping legal indoors in Michigan?

Michigan LAWS & TAXES A minor unlawfully purchasing or using tobacco products is subject to criminal penalties. State definition of “tobacco products” does not include vapor products. Michigan's Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited.

Are Vapes going to be banned?

After a two-year review, the Food and Drug Administration announced Thursday it will ban all vaping and e-cigarette products sold by Juul.

Why are they banning Vapes?

Voters largely in favor of vape bans Last week, the FDA banned Juul from selling any of its vaping products in the United States, including tobacco-flavored cartridges, citing insufficient health and safety data.

Will Vapes be banned in Michigan 2022?

Vaping prohibited on child care center property and in homes and vehicles used to transport children in care when in operation for child care. Use of e-cigarettes prohibited on streetcars and street railway stations. Michigan e-cigarette regulations as of June 15, 2022.

Why are Vapes being banned in Michigan?

On September 4, Michigan became the first state in the country to ban flavored e-cigarettes. Governor Gretchen Whitmer announced the ban in response to what she called a public health emergency, stating that companies are using flavored products to get young people hooked on nicotine.

What happens if you get caught with a vape in Michigan?

(4) An individual who violates subsection (3) is responsible for a state civil infraction or guilty of a misdemeanor as follows: (a) For the first violation, the individual is responsible for a state civil infraction and shall be fined not more than $50.00.

Can you vape in the car with a child Michigan?

As a matter of fact, smoking in a vehicle with children under a certain age is illegal in six states - unfortunately, Michigan is not one of them.

Can you vape in Walmart?

No, you cannot legally vape in Walmart. You can vape 25 feet or more away(outside) from the entrance of the store. Anything else violates the clean air act.

Can you legally vape indoors?

Yes, you can vape in public places. There is no law which forbids the use of vaping products in public places. However, rules on the use of e-cigarettes and vape products can be imposed by the setting which you are in.

Are Vapes banned in the US?

Laws regulating the use of electronic cigarettes, also known as "vaping", vary across the United States. Some states and municipalities prohibit vaping in every location where smoking is prohibited, while others contain more permissive laws or no laws at all regarding vaping.

What states are banning flavored vape juice?

In 2020, New Jersey, New York and Rhode Island enacted bans on the sale of flavored e-cigarettes and California became the second state to prohibit the sale of both flavored e-cigarettes and menthol cigarettes.

Which state has recently banned e-cigarettes?

With this, Kerala has become the 4th state in India to ban e-cigarette after Punjab, Maharashtra and Karnataka.

Are Vapes banned in Texas?

The more you know about vaping, the better you can help teens avoid its dangers. In Texas, an individual must be at least 21 years old to legally buy or own tobacco products, including e-cigarettes or vape devices.

The Vaping Epidemic

Whitmer has given several reasons for putting the ban into effect, starting with the surgeon general’s claims in 2018 that youth vaping was an epidemic.

The Lung Damage Health Crisis

As for the public health crisis, this all started when the media reported that vaping was causing people to end up in the hospital with extreme irreversible lung damage. The media and anti-tobacco groups saw their opportunity and went into full attack mode against vaping. This was their chance and they didn’t wait for the truth to come out.

Why Not Ban Cigarettes, Cigars, or Alcohol?

One of the most questionable things about this entire thing is that she’s banning vape products but not tobacco or even flavored alcohol, both of which are also issues with underage users.

Are There Really Dangerous Ingredients in E-Liquid?

Whitmer has talked about how 80% of youth start with flavored vaping products. She also says that these kids are inhaling formaldehyde, toxic chemicals, and metal particles, which is causing them to end up in the hospital with severe respiratory illnesses.

Marketing to Children

When Whitmer was asked how she’s seeing these products being marketed to children, she mentioned that there are bubble gum flavors, fruit loop flavors, and even flavors that look like Motts apple sauce, which she says implies it’s healthy.

What Can You Do?

If you’re in Michigan, and you care, you have to do something right now.

Why is the Michigan vape ban on hold?

But after vape shops filed suit to block the governor’s executive order, the Michigan Court of Claims put the ban on hold after it had been in effect for only two weeks, calling into question the emergency nature of the action because of a nearly month-long delay in implementing it. Judge Cynthia Stephens also noted that evidence suggests that some adult e-cigarette users would return to smoking if flavored vaping products are taken off the market.

Who is the governor of Michigan?

Democratic Gov. Gretchen Whitmer of Michigan said on Friday that she would appeal a decision blocking her ban of flavored e-cigarettes to the state Supreme Court, comparing the dangers of vaping to the Flint water crisis. Whitmer announced the ban in September, saying that the nation’s ongoing spate of serious lung injuries that have been linked to vaping constituted a public health emergency.

Is there a ban on mint vapes in Michigan?

Michigan Gov. Gretchen Whitmer announced that the state will ban the sale of flavored e-liquid and vaping products— including mint and menthol. The flavored vape ban is in the form of an executive order that lasts for six months (and can be renewed), and includes online sales. Retailers will have 30 days to sell existing stock.

Is vaping legal in Michigan?

Whit mer signed a law earlier this year banning sales of vaping products to minors, making Michigan the 49th state to pass such a law (although the FDA’s 2016 Deeming Rule set the federal minimum age to 18). That law went into effect Sept. 2, and provides penalties for minors who purchase or possess vaping products.

Is there a ban on flavored vapes in Michigan?

The Governor of Michigan Gretchen Witmer has again proposed a permanent ban on flavored e-cigarettes in her state. The move comes after her temporary emergency ban brought on by the EVALI crisis was overturned twice, once by an appeals court and once by the State Supreme Court. Governor Whitmer has introduced a new rule via the rules-making process of the Michigan Department of Health and Human Services that would ban the sale of flavored vape products, even if they have pre-market approval from the FDA. What’s behind this rush to enact this legislation, find out more about it here.

Is there a ban on vaping in Michigan?

Governor Whitmer has been at the forefront of calling for a permanent ban on flavored vaping products ever since the beginning of the EVALI outbreak in late 2019. Her state was one of the first to enact a temporary, emergency ban on the sale of flavored e-liquids. She even sought to extend the ban or make it permanent, but she was stopped by both the Michigan Court of Appeals, as well as by the State Supreme Court.

Spreading flavour bans

Washington, New York, Montana, Rhode Island and Oregon, have announced temporary bans on flavoured vaping products,

Blocked bans

Meanwhile, Michigan’s ban on flavored e-cigarettes was temporarily blocked by a state judge, who ruled that the emergency provision short-circuited normal law making procedures.

Why is the Michigan vape ban on hold?

But after vape shops filed suit to block the governor’s executive order, the Michigan Court of Claims put the ban on hold after it had been in effect for only two weeks, calling into question the emergency nature of the action because of a nearly month-long delay in implementing it. Judge Cynthia Stephens also noted that evidence suggests that some adult e-cigarette users would return to smoking if flavored vaping products are taken off the market.

Who is the governor of Michigan?

Democratic Gov. Gretchen Whitmer of Michigan said on Friday that she would appeal a decision blocking her ban of flavored e-cigarettes to the state Supreme Court, comparing the dangers of vaping to the Flint water crisis. Whitmer announced the ban in September, saying that the nation’s ongoing spate of serious lung injuries that have been linked to vaping constituted a public health emergency.

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