Michigan May Ban Flavored Vaping Devices, with Heavy Fines for Violators

  Michigan may follow suit in banning the sale of flavored tobacco and vaping products, with violating merchants facing heavy fines. The new bill would prohibit the sale of tobacco and vapor products with characterizing flavors. Retailers that violate the rules could face fines of up to $3,000, and a new fund would be established for compliance inspections. California and Massachusetts are currently the only two states enforcing such sales bans, though both have exemption clauses for flavored cigar sales.

News update: According to the U.S. business website halfwheel, while the U.S. Food and Drug Administration (FDA) has not yet issued final rules banning the sale of flavored cigars and menthol cigarettes, some states have already begun taking action, and Michigan may be next.

Last month, Michigan Senate Bill S.B. 649 proposed banning the sale of flavored tobacco and vapor products. The bill defines any product that has, or is marketed as having, a characterizing flavor other than tobacco itself as a flavored tobacco or vapor product.

In addition, the bill also prohibits the sale of products that directly or indirectly indicate that a nicotine or tobacco product has a characterizing flavor.

Although the bill does not exempt any flavored cigars, it does include an exemption for the sale of flavored shisha tobacco.

Under this bill, retailers that violate the rule could face the following penalties:

• First violation within 36 months: a fine of up to $1,500;

• Second violation within 36 months: a $2,000 fine and a 30-day suspension of the business license;

• Third violation within 36 months: a $2,500 fine and a one-year suspension of the business license;

• Fourth violation within 36 months: a $3,000 fine and revocation of the business license.

To help enforce the new restrictions, a new fund will be established for compliance inspections.