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Youth Tobacco and Vaping Bills

Nov 12, 2024, 12:00 AM by Brenda Pilgrim, Assistant Director of Government Relations

Vaping (e-cigarettes) use continues to increase with young adults and teens.  The University of Michigan 2019 research found that 30% of Michigan High Schoolers have reported vaping. Vaping products contain highly addictive nicotine and can be used to deliver marijuana and other drugs.

Vaping is not safer than smoking as many of the same chemicals are present as a traditional cigarette.

Unfortunately, manufacturers of vaping products continue to market to youth by using candy flavors and modifying the shape and size of devices. Flavors like bubble gum, blue razzberry and grape blow pop are common in most brands. The electronic devices used to vape are designed to look like flash drives and highlighters making concealment easier. 

Michigan retailers are not required to be licensed to sell tobacco products making it difficult to enforce the law prohibiting tobacco sales to adolescents. We need your help to make the needed changes in laws to address tobacco sales to our underage students. 

The Senate Regulatory Affairs Committee has heard testimony on SB 651 (S-1) and SB 652. Both bills establish a license requirement for nicotine and tobacco retailers. The license establishes fines and penalties for any tobacco or nicotine retailers who sell to minors.

Nicotine, tobacco products, vaping products and flavor enhancers will be covered by these bills. They also update language to include the sale of nicotine and vaping products to minors.  A retailer will face a fine of $1,500 for selling to a minor. If four violations occur within a 36-month period, the retailer pays a $3,000 fine and will have their tobacco license revoked. Additionally, any person who sells or gives tobacco or vaping products to a minor is subject to fines and penalties of up to $2,500 for multiple offenses.

HB647-HB650 would repeal Michigan’s ban on local governments from passing policies that regulate the sale of tobacco and nicotine products. These bills would establish a new tax on e-cigarettes. This new revenue would specifically be used for tobacco prevention and cessation programs. HB 649 and HB 650 address the use of flavors in tobacco. Tobacco flavors would be illegal, this also includes rolling papers and filters. The lack of flavors will make vaping less attractive to youth.      

HB 651-HB 654 would establish fines for retailers who sell to minors, and modifies the Purchase, Use, Possession (PUP Laws).  Retailers who violate these laws would be fined $1,500 for the first violation. If four violations are found in a 36-month period, the retailer will be fined, and their license will be revoked.  Any individual who supplies tobacco products to a minor will be guilty of a misdemeanor and will be fined.

MASB supports and believes that these bills are important to the health and wellbeing of our youth. Please consider drafting a Resolution of Support for Protect Mi Kids Bill Package. A Resolution of Support Tobacco Prevention Policies Draft is available for your use. This resolution and your voice will help in moving this vital legislation forward.