This week both Michigan and New York banned the sale and distribution of flavored electronic nicotine delivery systems (ENDS) products which are often referred to as e-cigarettes or vape products. Both bans were championed by the state governors as a way to keep these products out of the hands of minors. Because the bans are a result of the adoption of emergency rules, the bans are effective immediately. However, both states have indicated they will have a limited period of enforcement discretion to allow impacted industry members to come in to compliance with the new requirements. Below is a brief summary of state flavored ENDS product bans.

 

Michigan

New York

Effective Date

September 18, 2019

September 17, 2019

Enforcement Date

14 days from the effective date

Governor reports there will be a two week “grace period”

Covered Products

Flavored nicotine vapor products (includes menthol products)

Flavored e-liquid (does not include menthol)

Prohibits

Selling flavored nicotine products

Possession of flavored nicotine products by retailers and distributors

Text of the Rule

Public Health Administration Protection of Youth from Nicotine Product Addiction Emergency Rules

Prohibition on the Sale of Electronic Liquids with Characterizing Flavors