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DISCUSSION: Michigan's flavored e-cigarette ban, a closer look

Michigan has become the first state in the U.S. to ban the sale of flavored e-cigarettes, Gov. Gretchen Whitmer announced Wednesday.

She says the ban is meant to protect minors and put an end to misleading marketing.

  • Watch the Friday morning discussion above.

Here are the key points:

Michigan to ban flavored e-cig sales

  • Gov. Gretchen Whitmer announced Wednesday that Michigan would become the first state in the U.S. to ban the sale of flavored e-cigarettes.
  • The ban gives sellers 30 days to comply and lasts six months before it is up for renewal.
  • Whitmer cited the products' appeal to kids, along with misleading marketing.
    • Whitmer: " 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 says she wants vaping products to come with a Surgeon General warning, like cigarettes, but she will not wait for the federal government to act.
  • In June , Whitmer signed a bill making it illegal to sell e-cigarettes and other non-traditional tobacco products to minors.
  • In July , San Francisco became the first city in the U.S. to ban e-cigarette sales.
  • Read more: Michigan to be first state to ban flavored e-cigarette sales

Vaping advocates respond

  • The American Vaping Association (AVA) called Whitmer's executive move a " shameless attempt at backdoor prohibition. "
  • The AVA believes the ban will:
    • Close several hundred small businesses
    • Send tens of thousands of ex-smokers back to traditional cigarettes
    • Create a massive black market for the products
  • The AVA says they will support lawsuits "necessary to protect the right of adults to access these harm reduction products."
  • Read more: Vaping advocates: Michigan governor's flavor ban will be challenged

Are vaping products being marketed to kids?

  • According to a CDC report , e-cig use among high schoolers increased by 78% during 2017-2018.
  • E-cigarette products are available in flavors that are believed to appeal to youth (candy, chocolate and other sweets) and come in bright packaging designed to look like kid-friendly snacks and beverages.
  • E-cig giant Juul Labs has faced several state and federal investigations into its marketing and sales practice after accusations that the company marketed to teens.
  • Juul executives repeatedly claim their products are designed for adult smokers seeking a safer alternative to cigarettes.
  • Juul Targeted Schools and Youth Camps, House Panel on Vaping Claims [ article ]
    • A congressional report presented in July found that Juul spent more than $200,000 sponsoring programs in schools meant to "convey its messaging directly to teenage children."
    • As part of Juul's Youth Prevention and Education effort, the company paid $134,000 to set up a five-week summer camp in with the stated goal of teaching children healthy lifestyles, the report said.
    • The company reportedly offered schools nationwide $10,000 for the opportunity to talk to students in classrooms or after school.
      • One student testified that a Juul representative told a classroom of teens with no teachers present that e-cigarettes were "totally safe."
    • During a congressional hearing, Juul's chief administrative officer said the programs were "intended to keep kids away from using the product."
    • The report also found that Juul recruited celebrity influencers to market their products on social media.
      • "We are aiming for influencers in popular culture with large audiences in various sectors such as music, movies, social, pop media, etc.," a company memo said.
  • Juul executives say they have taken these steps to combat underage use of their products:
    • Shutting down the company's Facebook and Instagram pages
    • Pulling several flavored products from retail stores
    • Backing federal legislation to raise the age to purchase all tobacco products to 21
  • Read more: Juul Labs facing scrutiny from federal and state officials

How harmful is vaping?

  • E-cigarettes are less harmful than traditional cigarettes—they contain fewer toxic chemicals.
  • Nicotine, a toxic substance, is the primary agent in both e-cigarettes and traditional cigarettes.
    • Nicotine has been shown to increase the likelihood of having a heart attack.
    • Nicotine is an addictive substance.
  • E-cigarettes give users the ability to get a greater hit of nicotine than with traditional cigarettes.
  • Read more: 5 Vaping Facts You Need to Know

Contaminant found in marijuana vaping products linked to deadly lung illnesses, tests show [article]

  • As of August 27, there were 215 cases nationwide of severe respiratory disease that officials believe is associated with vaping, the CDC reports.
    • Patients report respiratory issues with some being put on oxygen support, as well as nausea, vomiting, diarrhea, fatigue and weight loss.
    • Six cases of the illness were reported in Michigan, health officials said.
    • The illness caused two deaths, according to officials.
    • Most of the patients are in their late teens and 20s with no underlying health issues. The only thing patients have in common is vaping.
  • New York health officials said Thursday that a compound called vitamin E acetate may be causing the illnesses.
    • The compound was found in cannabis-containing product samples that were submitted by patients for testing.
    • Health officials said it is still too early to know whether this is causing the illness.
    • The compound is harmless when ingested or applied to the skin but can be hazardous when inhaled.
  • New York health officials urged against using unregulated products purchased off the street.
    • Cannabis-containing products are not legally available in New York for recreational use.

About the Author
Brian Newlin headshot

Brian is an Associate Producer for ClickOnDetroit. He graduated from the University of Michigan-Dearborn with a degree in Journalism and Screen Studies.

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