Michigan Gov. Gretchen Whitmer announced that the state will soon prohibit both online and retail sales of flavored nicotine vaping products, which she said are a danger to Michigan’s youth.
The rule will ban most flavored vape products and doesn’t cover tobacco-flavored or unflavored vape products.
“As governor, my No. 1 priority is keeping our kids safe,” Whitmer said in a statement. “And 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.”
The ban isn’t coming through an executive order but rather an emergency administrative rule. These rules only last six months before they can be renewed for just one more six-month period.
If a state agency finds that an emergency rule is necessary for public health or safety reasons, and if the governor agrees that it is an emergency situation, the agency can skip the typical public hearing process. Emergency rules do still require approval from Michigan’s Legislative Service Bureau and Office of Regulatory Reform.
The ban is not yet in effect, but the announcement means the emergency administrative rule process is starting. The ban will likely be filed, and thus effective, within the next few weeks.
The state Senate does have authority to challenge Whitmer’s move within 30 days, but it is not expected to do so.