E-Cigarette Regulations - Michigan

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

No

 

How does the state define an e-cigarette?

Vapor product means “a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking…[including] an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine or other substance in a solution or other form that is intended to be used with or in an [aforementioned device].”
Mich. Comp. Laws Ann. § 722.644(h) (2019)

Liquid nicotine means “a liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, ad the use or inhalation of which simulates smoking.”
Mich. Comp. Laws Ann. § 722.642b(3)(a) (2019)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

N/A

 

What regulations are in place for e-cigarette packaging?

Liquid nicotine containers must be child-resistant (unless prefilled, sealed and not intended to be opened by the consumer).
Mich. Comp. Laws Ann. § 722.642b(1) (2019)

 

What restrictions are in place for retail or youth access?

Sale of vapor products to persons under age 18 years prohibited.
Mich. Comp. Laws Ann. § 722.641(1) (2019)

Persons under age 18 years prohibited from purchasing/possessing vapor products or using vapor products in a public place.
Mich. Comp. Laws Ann. § 722.642(3) (2019)

Internet sales of vapor products permitted after verifying purchaser is at least 18 years of age through a third-party service.
Mich. Comp. Laws Ann. § 722.641(8)(b) (2019)

Self-service displays of vapor products prohibited.
Mich. Comp. Laws Ann. § 722.642c (2019)

Sales of flavored nicotine-containing vapor products are prohibited. Advertising for vapor products may not include imagery representing a characterizing flavor, must not be misleading (claiming to be “clean,” “safe” or “harmless,” and are prohibited at point of sale, within 25 feet of candy, foodstuffs and soft drinks, and anywhere visible from 25 feet outside place of business.
Rule 2-Rule 6, Mich. Dep’t. Health & Human Servs., Protection of Youth from Nicotine Product Addiction, Emergency Rules (effective September 18, 2019, and continuing for 6 months)

 

What smoke-free restrictions exist for e-cigarette use?

Use of electronic smoking devices prohibited in Third Judicial Circuit Court.
Mich. Comp. Laws Ann., R 3 CIR Rule § 8.115(F)(1) (2019)

 

Michigan e-cigarette regulation as of September 15, 2019.

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