Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Health and Human Services  
2. Bureau:  
Population Health and Community Services  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Protection of Youth from Nicotine Product Addiction  
5. Rule numbers or rule set range of numbers:  
R 333.1101 to R 333.1199  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Mary Brennan  
E-mail of person filling out RFR:  
BrennanM@michigan.gov  
Phone number of person filling out RFR:  
517-284-4850  
Address of person filling out RFR:  
333 S. Grand Avenue, 5th Floor  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
MCL 24.239  
RFR-Page 2  
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.).  
Department Director.  
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  
explain.  
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?  
MCL 24.239  
RFR-Page 3  
MDHHS has promulgated emergency rules pursuant to Section 48 of the APA. As a result of those  
emergency rules, an interpretive statement was prepared and disseminated to stakeholders and  
other businesses impacted by the emergency rules.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
The rules were not listed on the department's annual regulatory plan for the current year.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, 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.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No, the rules do not incorporate any recommendations received from the public. This is a new rule  
set.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
This is a new rule set.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
This is a new rule set.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
;