Bill Seeks to Ban Flavored Tobacco & Vaping Sales in Michigan

While the U.S. Food & Drug Administration (FDA) is still working towards announcing its final rule that would ban the sale of flavored cigars and menthol cigarettes, some states have already taken action into their own hands. Michigan might be one of the next.

Last month, S.B. 649 was introduced in the Michigan Senate. The new bill calls for the ban of the sales of flavored tobacco and vaping products, defined as any product that has or is marketed as having a characterizing flavor other than tobacco. In addition, the bill would ban the sale of products that are packaged in ways that “indicate, explicitly or implicitly, that the nicotine or tobacco product has characterizing flavor.”

That bill would not exempt any flavored cigars, though it does have a carve-out for the sale of flavored hookah tobacco intended for on-site consumption.

If passed, retailers caught violating the rule would be subject to the following fines:

• First violation within 36 months: a fine of up to $1,500
• Second violation within 36 months: a fine of $2,000 and a 30-day suspension of a license
• Third violation within 36 months: a fine of $2,500 and a one-year suspension of a license
• Fourth violation within 36 months: a fine of $3,000 and a revocation of a license

To help enforce the new restrictions, a new fund would be created for compliance checks.

The bill was introduced by Sen. John Cherry, D-Flint, and has two other co-sponsors, both Democrats.

California and Massachusetts are the only two states with flavored tobacco bans. Both states’ laws have exemptions for certain flavored cigar sales.