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Michigan to become 1st state to ban flavored e-cigarettes

Gov. Gretchen Whitmer is moving to make Michigan the first state to ban flavored e-cigarettes. The Democrat announced Wednesday that she ordered the state health department to issue emergency rules. They will prohibit the sale and misleading marketing of flavored nicotine vaping products. (AP photo)

LANSING, Mich. — Michigan Gov. Gretchen Whitmer moved Wednesday to make her state the first to ban flavored electronic cigarettes, accusing companies of using candy flavors and deceptive advertising to “hook children on nicotine.”

The Democrat ordered the state health department to issue emergency rules that will prohibit the sale of flavored nicotine vaping products, including to adults, and the misleading marketing of e-cigarettes. Retailers will have 30 days to comply with the rules once they’re filed in coming weeks. The rules will almost certainly be challenged in court.

New York last November began taking steps to bar the sale of flavored e-cigarettes but withdrew proposed rules to allow more time for legal review. The federal government and states ban the sale of vaping products to minors, yet government survey figures show that last year, one in five U.S. high school students reported vaping in the previous month. Top government health officials, including the surgeon general, have flagged the trend as an epidemic.

“Right now, companies selling vaping products are using candy flavors to hook children on nicotine and misleading claims to promote the belief that these products are safe. That ends today,” Whitmer said in a written statement, noting that Michigan’s chief medical executive determined that youth vaping constitutes a public health emergency.

As of last week, 215 possible cases of severe pulmonary disease associated with the use of e-cigarettes had been reported by 25 states, according to the Centers for Disease Control and Prevention. Michigan officials are investigating six such cases. Illinois health officials last month said a patient who contracted a serious lung disease after vaping died; they considered it the first death in the United States linked to the smoking alternative.

Whitmer’s announcement drew praise from public health advocates, school groups and Democratic lawmakers, but criticism from organizations that advocate for vaping and some Republicans in the GOP-led Legislature.

“This shameless attempt at backdoor prohibition will close down several hundred Michigan small businesses and could send tens of thousands of ex-smokers back to deadly combustible cigarettes,” said Gregory Conley, president of the American Vaping Association. “These businesses and their customers will not go down without a fight. We look forward to supporting the lawsuits that now appear necessary to protect the right of adults to access these harm reduction products.”

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