DETROIT _ Michigan will become the first state in the nation to ban flavored vape products in a move Gov. Gretchen Whitmer says is aimed at protecting youth.
The ban, which will be imposed by the Michigan Department of Health and Human Services (MDHHS) through direction from Whitmer, prohibits online and retail sales of flavored nicotine vaping products.
The move comes not by executive order from Whitmer, but through Michigan's administrative rules process, which allows state agencies to create regulations or policies that, once authorized, act as laws.
The vaping ban rule has not yet been filed, but will be effective immediately once complete in a few weeks, Whitmer's spokesperson said. At that point, the ban will last six months, and will give Michigan businesses 30 days to comply.
The ban comes after the MDHHS found that youth vaping constitutes a public health emergency for the state, according to a statement from Whitmer.
"As governor, my number one priority is keeping our kids safe," Whitmer said in a statement. "And right now, companies selling vaping products are using candy flavors to hook children on nicotine and misleading claims to promote the belief that these products are safe. That ends today. Our kids deserve leaders who are going to fight to protect them. These bold steps will finally put an end to these irresponsible and deceptive practices and protect Michiganders' public health."
Last week, MDHHS announced it was investigating six lung infections reported in the Lower Peninsula that were tied to e-cigarette and vape use.
Read more: Michigan investigating 6 lung infections that may be tied to vaping
The U.S. Centers for Disease Control is looking into the national wave of e-cigarette-related lung illnesses that have now affected at least 200 people across 23 states. One person in Illinois has died of the illness.
In 2018, the Food and Drug Administration reported that about 3.62 million middle and high school students used e-cigarettes. A 2013-2014 survey on e-cigarette use found that 81% of young e-cigarette users said the appealing flavor options were a major reason for their use.
Whitmer's ban also prohibits e-cigarette companies from "misleading marketing of vaping products" by using words like "clear," "safe" or "healthy" to describe their products.
Michigan Attorney General Dana Nessel praised Whitmer's announcement in a statement Wednesday, pledging her department's support in enforcing the coming rules.
"With a more than 1.5 million increase in the number of students using vaping products in just one year, the governor's emergency actions today are exactly the bold measures we must take to protect Michigan's children from the dangerous effects of vaping," Nessel said in a statement.
While the governor's move prompted support from health organizations and fellow Democrats, vaping advocates vow to challenge the ban.
"This shameless attempt at backdoor prohibition will close down several hundred Michigan small businesses and could send tens of thousands of ex-smokers back to deadly combustible cigarettes," American Vaping Association president Gregory Conley said in a statement. "These businesses and their customers will not go down without a fight."
Conley said in the statement that Michigan's action will "create a massive, multimillion dollar black market" for vaping products, and that the American Vaping Association will support any lawsuits against the ban.
The Consumer Advocates for Smoke-Free Alternatives Association is calling on Michigan residents to call and write Whitmer and state lawmakers in opposition to the ban.
Michigan has already banned sales of e-cigarettes to minors.
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