The U.S. Food & Drug Administration has not yet officially banned flavors in vaping and other tobacco products. Now, states are working towards banning the controversial products themselves. Michigan is next on the list.
Last month, S.B. 649 was introduced in the Michigan Senate. The bill calls for the ban of the sales of flavored vaping and other tobacco products, defined as any product that has or is marketed as having a characterizing flavor other than tobacco.
The bill would ban the sale of products packaged in ways that “indicate, explicitly or implicitly, that the nicotine or tobacco product has characterizing flavor.”
That bill would not exempt flavored cigars, though it does carve out an exemption for 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
If the bill passes, a new fund would be created for compliance checks.
California and Massachusetts are the only two states with flavored tobacco bans.
According to a study by the New England Convenience Store and Energy Marketers Association, excise tax lost income in Massachusetts from selling fewer menthol cigarettes alone amounted to $62 million in the first six months of the ban. No specific figures were given for electronic nicotine delivery systems in the release.