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.
For questions and assistance with compliance, please contact Anna Wiand at GrayRobinson.
| 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 |