Michigan Statewide Rule
Michigan Flavored Tobacco Sales Status
Key Facts
- No Active Statewide
- No active statewide flavored tobacco ban
- 2019 Emergency Vape
- 2019 emergency vape flavor rule was enjoined
- Sales Lawful Adults
- Sales lawful to adults 21+
- Federal Fda Flavor
- Federal FDA flavor rules still apply
- Local Flavor Bans
- Local flavor bans may face preemption
Summary
Michigan currently has no statewide ban on flavored tobacco or vape products; an attempted 2019 emergency ban was struck down in court.
Notwithstanding any other provision of law, beginning on the effective date of this act, a city, township, village, county, other local unit of government, or political subdivision of this state shall not impose any new requirement or prohibition pertaining to the sale or licensure of tobacco products for distribution purposes. This section does not invalidate or otherwise restrict a requirement or prohibition described in this section existing on the effective date of this act.
Full Breakdown
Michigan does not statutorily prohibit the sale of flavored tobacco or flavored vapor products. A 2019 emergency rule banning flavored e-cigarettes was issued by the Department of Health and Human Services but enjoined by the Michigan Court of Claims. Sales of flavored vape and tobacco products remain lawful for purchasers 21+ subject to MCL 333.12601 age rules. Local governments may face preemption challenges if they attempt independent flavor restrictions. Federal FDA flavor enforcement on cartridge-based e-cigarettes still applies.
Violations & Penalties
No state-level flavor sale violation; sales to minors remain unlawful under MCL 333.12601.
Frequently Asked Questions
Are flavored vapes legal to sell in Michigan?
Did Michigan ban flavored e-cigarettes?
Sources
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