Tag: Michigan

  • Michigan Governor ‘Open’ to Taxing Vape as Tobacco

    Michigan Governor ‘Open’ to Taxing Vape as Tobacco

    Credit: Vepar5

    The governor of Michigan says she is “open” to the idea of expanding the state’s combustible tobacco taxation policy to include vaping products.

    “I’m not leading with that… but if it’s something the legislature wanted to send to my desk, I’d have a conversation with them about it,” she said in a recent interview. “I’m open to it.”

    She has also said she seeks to enact a flavor ban on tobacco products and would sign a bill if passed. In November, 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.

  • Michigan Bill Seeks to Ban Flavored Vaping Products

    Michigan Bill Seeks to Ban Flavored Vaping Products

    Credit: Spirit of America

    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.

  • Michigan Recalls THC Vapes for Banned Chemical

    Michigan Recalls THC Vapes for Banned Chemical

    The Cannabis Regulatory Agency in Michigan is recalling certain THC vape cartridges due to the possible presence of banned chemical residue exceeding the established limits, the agency announced.

    The vape cartridges — manufactured under the name “FLIGHT LIVE RESIN DISPOSABLE” — were manufactured by the Mount Morris-based marijuana processor Sky Labs near Flint and include three batches called “Grease Monkey,” “Space Ether” and “Bubblegum,” according to the Detroit Free Press.

    More than 13,000 of these vape cartridges have been sold, David Harns, a spokesperson for the CRA said, and about 2,200 of them are currently available for sale at 59 dispensaries.

    The banned chemical residues that are possibly in the products include Bifenthrin (an insecticide), Myclobutanil (a chemical used as a fungicide), Bifenazate (a pesticide), Paclobutrazol (an organic compound used as a plant growth retardant and fungicide) and Permethrin (an insecticide), he said.

  • Video: Vaping’s Harm Reduction Potential

    Video: Vaping’s Harm Reduction Potential

    Considerable evidence suggests that e-cigarettes are an effective smoking cessation tool for adults in the United States, where hundreds of thousands of people die of smoking-related illness each year.

    Kenneth Warner, dean emeritus and the Avedis Donabedian Distinguished University Professor Emeritus at the University of Michigan’s School of Public Health, says, however, that the potential of vaping to increase smoking cessation has been largely overshadowed by media coverage and policies that focus on the potential risk vaping represents for teens.

    Warner and 14 other past presidents of the Society for Research on Nicotine and Tobacco co-authored an article that argues that the media, legislators and the general public have developed a negative view of e-cigarettes because of the heavy emphasis public health organizations have placed on protecting kids from vaping while ignoring the potentially substantial benefits of e-cigarettes in helping adults quit smoking. The article is published online in the American Journal of Public Health.

    In an interview with Michigan News of the University of Michigan, Warner discusses why the group, all of whom have presided over the top tobacco research society in the world, decided to take on this issue.

    What prompted this group to write this article?

    In my 45 years in the field of tobacco control research, I’ve never seen an issue that is as divisive as this one, and maybe none that is as important to public health. We have a large group within public health who are very much opposed to vaping because they see it as imposing huge risks on kids. On the other end of the spectrum, we see a number of researchers and members of the vaping community who believe that vaping is a great tool for helping people to quit smoking and that it is far less hazardous than smoking. These polar opposite views have created much of the contention within the tobacco control community.  

    Our goal in this paper is to try to inject some sense of balance, to get public health organizations, the media and legislators to recognize that their appropriate but singular desire to keep e-cigarettes out of the hands of kids may actually be harming public health. Policies oriented exclusively toward protecting kids may be responsible for more adults smoking than would be if we had policies that also emphasized helping adults to quit with vaping, and frankly, if we had honest characterizations of the risks of vaping.

    Exaggerations of the risk have led a majority of Americans, including a majority of smokers, to the erroneous belief that vaping is as dangerous as, or more dangerous than, smoking. The National Academies of Science, Engineering and Medicine has determined that vaping is likely substantially less dangerous.

    What do you want people to take away from the AJPH article?

    We call for a rebalancing of society’s consideration of vaping and specifically for more attention being paid to its potential to increase smoking cessation. We should continue working to decrease young people’s use of e-cigarettes—of all nicotine products, for that matter—but we must increase our focus on adult smokers.

    In the article, my colleagues and I express concern that we have forgotten about the adults who are going to die as a consequence of smoking. We lose 480,000 Americans every year as a result of smoking. Understandably and justifiably, all Americans were enormously concerned by the toll of Covid-19 this past year. Consider that we have a Covid-level disaster created by smoking every year, year after year after year.

    How would you characterize the risks associated with e-cigarettes? What are the potential benefits of vaping for adult smokers?

    Vaping is clearly not risk-free, but it is also substantially less dangerous than cigarette smoking. Inhaling combusted tobacco smoke, which includes over 7,000 chemicals, is what causes the disease and death associated with tobacco use.

    Multiple types of evidence, identified in our article, demonstrate that vaping can increase smoking cessation. The highly respected Cochrane Review has concluded that it is likely that vaping is more effective than FDA-approved nicotine-replacement products like gum and patches. The CDC has also found that more smokers use e-cigarettes than other aids in attempts to quit smoking—and with a higher self-reported success rate.

    Still, the public is largely unaware of the potential vaping has to aid in smoking cessation. As I mentioned previously, a majority of adults, including a majority of smokers, believe that vaping is as dangerous as, or more dangerous than, cigarette smoking. This misunderstanding has actually worsened over time. That reflects, in part, the media’s coverage of vaping.

    A recent study cited in our article found that 70 percent of U.S. news coverage on vaping mentioned vaping’s risks to kids while only 37 percent noted the potential benefits for adult smokers. As such, it’s likely that fewer smokers are trying e-cigarettes as a method of quitting smoking than would be the case if they were accurately informed about its potential to help them quit and its smaller health risk compared to smoking. That means fewer people are quitting smoking.

    Put simply, research shows that the potential benefits of vaping for adult smokers are substantial. Those benefits are not being fully realized in today’s environment of misinformation and a singular focus on the welfare of kids, to the detriment of the health of adults who smoke. 

    What is known about the risks of youth e-cigarette use?

    Vaping does have risks for kids, including the potential of addicting some to nicotine. But in our article, we point to evidence that the percentage of kids being addicted to nicotine by vaping is much smaller than popularly believed.

    We also note that while prospective studies have found that vaping by kids who had never smoked increases their risk of trying cigarettes 6–24 months later, much of this may be explained by what is called “common liability,” meaning that kids who try e-cigarettes are more prone to risk-taking than are kids who don’t vape, so the former may be more likely to try cigarettes anyway, even if e-cigarettes had never existed.

    Further—and very importantly—even if there is an increased risk, doing the math indicates that this factor would increase overall smoking initiation by kids by only a very small amount. However, even that seems unlikely since we’ve seen smoking rates fall among young people (both adolescents and young adults) at unprecedented rates precisely during the period of vaping’s ascendancy. That certainly is not consistent with the idea that vaping increases smoking.

    Why has e-cigarette use in adults not been a focus in policy or the media?

    First, the concern for young people’s welfare is a compelling one, and the rapid increase in youth vaping in 2018 and 2019 understandably created a great deal of anxiety. The focus on youth drowned out attention to the welfare of adults who smoke. Youth vaping decreased significantly in 2020. We will have to monitor future years’ trends closely.

    Second, I think a lot of people may believe that the problem of smoking is pretty much resolved. I’m referring mainly to the higher education, upper socioeconomic status population. They don’t smoke, their friends and colleagues don’t smoke, there’s no smoking in their workplaces, and there’s no smoking in the restaurants and bars that they frequent. They don’t see smoking and thus may believe the problem has largely been solved.

    And yet one out of seven adult Americans is a smoker today. When we take a look at who’s smoking, it’s the underprivileged members of our society, those who don’t have a voice in politics. African Americans as a group, although they don’t smoke more, have higher rates of smoking-produced disease and death than do [white individuals]. There are groups like low socioeconomic populations, people with mental health problems and the LGBTQ community that all have higher than average smoking rates.

    My fear, frankly, is that many nonsmokers are ignoring smokers because they may not care that much about them. There is a very large life expectancy differential between the rich and the poor in the United States, and perhaps the single most important behavior-related variable is differences in smoking. The data show that low-income, low-education populations smoke at much higher rates than the high-income population, and they die at much younger ages. If we could reduce smoking among these often marginalized populations, we might be able to reduce the gap in life expectancy. This is fundamentally a matter of social justice.

    What are some policy changes that might help achieve a more balanced approach to e-cigarettes?

    Currently, we have very unbalanced policies that are directed exclusively at trying to reduce youth vaping. Two of the most prominent are eliminating or seriously restricting flavors in e-cigarettes and trying to equalize the taxation of e-cigarettes and cigarettes. Both of these policies can have adverse consequences for adult smokers. Adult smokers like flavors just like kids do, and in fact, they tend to like the same flavors.

    Banning flavors would eliminate adult smokers’ access to the flavored e-cigarettes that they prefer in attempts to quit smoking. So that’s a real concern. We propose restricting the sale of e-cigarettes to adult-only establishments, such as vape shops. This is a compromise—flavors are a significant attraction to vaping for kids, and our recommended policy would not eliminate flavors; at the same time, the policy would restrict access for adults, thereby creating an inconvenience for them. But this policy would strongly limit youth access to flavored e-cigarettes while allowing adults to get the flavored e-cigarettes they want to aid in their attempts to quit smoking.

    We also suggest a substantial increase in excise taxes on cigarettes and other combusted tobacco products, and a much more modest tax on e-cigarettes. This is the opposite of what is happening now, with states imposing “equalizing” taxes on e-cigarettes without raising taxes on cigarettes. Significantly raising the tax on cigarettes will discourage both adults and kids from smoking. A big differential in price between very expensive cigarettes and less expensive e-cigarettes creates an incentive for adults who don’t quit smoking to switch to e-cigarettes. For kids, a modest tax on e-cigarettes will discourage them from vaping because they’re the most price-sensitive group when it comes to nicotine and tobacco products.

  • Michigan to Formally Ban EVALI-Linked Additive

    Michigan to Formally Ban EVALI-Linked Additive

    The additive that has been found as the source of THC vaping-related lung injuries and death would be formally banned in Michigan under legislation passed in the Michigan House this week. House lawmakers on Thursday approved a package of bills aimed at prohibiting the sale of tobacco and marijuana vaping products containing vitamin E acetate or other additives not approved by the Food and Drug Administration (FDA).

    Credit: Spirit of America

     

    The Centers for Disease Control has “strongly linked” THC products containing vitamin E acetate to 68 deaths — including three in Michigan — and more than 2,800 hospitalizations nationwide from a disease the CDC has called e-cigarette or vaping use-associated lung injury (EVALI), even though e-cigarettes had nothing to do with the diseases causes.

    A processor or provisioning center found in violation of the ban would face a misdemeanor punishable by a fine of up to $10,000, according to M Live.

    House Bills 4249 and 4250 passed the chamber with wide bipartisan support. The package now heads to the Senate for further review. The legislation is similar to bills introduced last session that also passed the House, but were never taken up for a vote in the Senate.

    During a March 16 Regulatory Reform Committee hearing, one lawmaker said the harmful effects of vitamin E acetate were discovered in 2019 amid an “emergency when young people were dying after vaping.”

    “This chemical is actually inserted in the vaping process and the manufacturing process, and there it was discovered that it was extremely dangerous to be inhaled,” they said at the time

    The Marijuana Regulatory Agency in November 2019 created testing requirements banning the presence of vitamin E acetate in all marijuana vaping products and halted marijuana vaping sales until they could be tested for the presence of vitamin E acetate. In December 2019, the state recalled thousands of marijuana vaping products that tested positive for the additive.

    Vitamin E acetate is safely consumed in food and applied to the skin in cosmetic products. When it comes to vaping, Vitamin E acetate can be used as a filler added to THC vaping cartridges – it’s a cheaper substance that dilutes potency.

    The Centers for Disease Control and Prevention pointed to vitamin E acetate as a factor in many of the vaping-related deaths around the country, noting it “may interfere with normal lung functioning” when inhaled through a vaping product.

  • MIchigan to Again Try Banning Flavored E-liquids

    MIchigan to Again Try Banning Flavored E-liquids

    Credit: Sahand Babali

    The Michigan Governor’s administration is working on another statewide ban on flavored nicotine vaping products without legislative approval after Gov. Gretchen Whitmer’s first emergency order was struck down by courts.

    The Michigan Department of Health and Human Services (MDHHS) held a virtual public hearing on Tuesday to solicit public comments on its proposal to permanently ban the sale and distribution of flavored nicotine vaping products. MDHHS is accepting comments until Friday.

    The hearing is the first step required to impose a ban, which state officials support to crack down on the rise in youth vaping, according to the Metro Times.

    “MDHHS is proceeding with permanent administrative rules preventing the sale and advertisement of flavored nicotine vapor products in the state to protect the health and safety of Michiganders, particularly our youngest residents,” MDHHS spokeswoman Lynn Sutfin tells Metro Times. “The explosive and unprecedented rise in youth vaping continues to be a public health emergency and a nationwide epidemic.”

    Whitmer issued an executive order to ban flavored Michigan in September 2019, becoming the first state to ban flavored nicotine vaping products. But a Michigan Court of Claims judge issued an injunction requested by vape shop owners, who argued Whitmer overstepped her authority by imposing a ban without the approval of state lawmakers. The Michigan Supreme Court last month denied the state’s request to reconsider the lower court’s ruling.

  • MIchigan Recalls Marijuana Vapes With Vitamin E Acetate

    MIchigan Recalls Marijuana Vapes With Vitamin E Acetate

    The Marijuana Regulatory Agency (MRA) in Michigan has issued a recall for any vape cartridges containing Vitamin E Acetate. The US Centers for Disease Control and Prevention (CDC) has said vitamin E acetate is responsible for a rash of lung disease.

    Many of these products were sold from Plan B Wellness, located on 20101 8 Mile Road in Detroit. Most of them were sold late 2019.

    The substances has failed safety compliance testing in August. According to a news release, these cartridges were made before November 2019, when the rules for marijuana products were filed in the state.

    The vape cartridges will all have a license number of the marijuana facility on it. They will also have a tag number that is followed by a statewide monitoring system.

    MRA suggests customers and patients to return the affected products to Plan B Wellness, who will properly dispose them. The store will also contact customers who have bought these items.

  • MIchigan City Restricts Outdoor THC and Vapor Use

    MIchigan City Restricts Outdoor THC and Vapor Use

    The Saginaw City Council adopted two ordinance changes on Monday, Aug. 24, as the city moves towards legalizing recreational marijuana within city limits. The move comes after the council previously approved other ordinance changes relating to issues such as recreational marijuana facility licensing and zoning issues on Aug. 11.

    The first ordinance prohibits the consuming of marijuana products in any manner or form in public places within city limits or smoking marijuana in a private place where prohibited by the property owner, according to an article on Mlive.com.

    “Violations of this chapter shall be deemed a public nuisance in accordance with chapter 94 of this code of ordinances, and any person who violates this chapter is responsible for a class C municipal civil infraction,” reads the newly approved ordinance.

    Meanwhile, the second ordinance focuses on the consumption of tobacco products as well as marijuana products and sets the groundwork for regulations in city parks, according to the article.

    The ordinance reads, “For purposes of this section, smoke or smoking means possessing a cigarette, e-cigarette, cigar, hookah, or pipe that contains tobacco, marijuana, or any other product that is lit or burning; lighting a cigarette, e-cigarette, cigar, hookah, or pipe that contains tobacco or any other product; or exhaling smoke from burning tobacco or any other burning product that is contained in a hookah, pipe, cigar, cigarette and/or e-cigarette.”

    According to the ordinance, no individual is allowed to engage in any of the aforementioned activities and smoking in any city park, including, any playground, tennis court, community center or outdoor athletic complex owned by Saginaw, according to the article.

    Violating the ordinance could result in a fine of $50, according to the ordinance, and community service may be ordered in lieu of a fine.

    Both ordinances will become effective as of Sept. 3, and changes were unanimously approved by the City Council, with no discussion or objections.

  • Michigan Adds Vapor Tax, Allows Flavored E-Liquids

    Michigan Adds Vapor Tax, Allows Flavored E-Liquids

    Credit: Pasja 1000

    The Michigan Senate approved a six-bill package Wednesday that would impose an 18 percent tax on e-liquids. If signed into law, it specifically would allow individuals to sell flavored vaping products.

    Gov. Gretchen Whitmer attempted last year to make Michigan the first state in the nation with a ban on flavored vaping products out of concern for youth usage. But the courts eventually paused the ban after businesses filed a legal challenge, according to an article on detroitnews.com.

    The new legislative package, which gained the backing of the Republican-controlled Senate, would set up an enforcement and licensing system for shops that sell vaping products.

    It would also change the age requirement for buying tobacco and vaping products from 18 years old to 21 in state law. President Donald Trump previously instituted a federal change to increase the age to 21 across the country.

    “It’s regulated. It’s enforced,” Senate Minority Leader Jim Ananich, D-Flint, said about the bills, which he said would give adults the “choice one way or another” whether to use the products.

    Ananich was one of the sponsors of bills in the package. He said it aimed to resolve a lack of clarity surrounding federal and state policy on vaping in Michigan. The legislation, which doesn’t affect marijuana vaping products, originally aimed to set the tax rate at 24 percent but lawmakers dropped the proposed rate to 18 percent before Wednesday’s vote.