These rules are to be promulgated by the Department of Health and Human Services to address a
recent and staggering increase in youth usage of vapor products. On August 30, 2019, relying in
part upon the declaration of youth usage of e-cigarettes as an epidemic by the U.S. Surgeon
General, the MDHHS issued a finding of emergency related to youth usage of vapor products.
Because this is a public health threat directly affecting youth in Michigan, the Department seeks to
address this crisis by promulgating permanent rules to safeguard the public health pursuant to its
authority under MCL 333.2226(d).
These rules will prohibit the selling, offering for sale, giving, transporting, or otherwise
distributing of flavored nicotine vapor products. The rules will also prohibit possessing these
products with the intent to sell. The rules will also prohibit the use of fraudulent or misleading
terms or statements to sell or distribute vapor products. Lastly, the rules will limit access to
products that are more appealing to youth through specific advertisement restrictions of vapor
products. The Department anticipates that it may act via these rules to restrict the sale and
advertisement of other nicotine products.
By prohibiting the retail sale of flavored products, less product is available on the market, and the
products that are available are substantially less appealing to youth. This is anticipated to decrease
youth use of vapor products. Reducing exposure to advertising related to vapor products can help
to reduce youth initiation and continued use of vapor products. By restricting the advertising of
these products, Michigan will curb youth exposure to vapor product advertisements specifically
designed to pull them into nicotine addiction at an early age.
The rules will also protect adults by, among other things, ensuring that to the extent that the
products used by adults are on the market they are proportionately advertised and legally sold. The
rules will also exclude from restriction smoking cessation products approved by the Food and
Drug Administration. Finally, the rules will protect adults by restricting use of misleading or
fraudulent terms in advertising for vapor products. The Department will continue to work with its
public health partners to address nicotine use and provide resources for individuals and their
healthcare providers to enable them to quit using nicotine products.
8. Please cite the specific promulgation authority for the rules (i.e. department director,
commission, board, etc.).
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
By authority conferred on the Department of Health and Human Services by the Public Health
Code, PA 368 of 1978; sections 2221, 2226, 2233, Executive Reorganization Order No. 2015-1;
MCL 333.2221, MCL 333.2226, MCL 333.2233, and MCL 400.227.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
The rules are not mandated by any applicable constitutional or statutory provision.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The proposed rules do not conflict with, duplicate, or exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?