A series of restrictive bills recently filed in Michigan aims to eliminate flavored vapes and impose prohibitively high taxes on remaining products. If passed, the laws would devastate the state's vaping industry and likely increase cigarette smoking rates.
Bills Would Ban Flavors & Tax Vapes 57%
The 8-bill package contains several concerning components:
- Bans all vape flavors except tobacco (SB 649)
- Slaps a massive 57% wholesale tax on vapes, nicotine pouches, and smokeless tobacco (SB 648)
- Allows potential bans on online sales direct to consumers (SB 648)
- Repeals local preemption rules, allowing patchwork regulations (SB 647)
These severely limiting measures mimic failed proposals from prior years in Michigan. The state Senate Regulatory Affairs Committee received the latest bills but has yet to schedule hearings.
Flavor Bans & High Taxes Would Expand Illicit Markets
Public health groups widely acknowledge vaping's comparative harm reduction benefits versus combustible cigarettes. So these proposals seem counterproductive.
Banning popular flavors and imposing a tax nearing 60% would likely shutter most Michigan vape shops. Legal sales would shift to black market providers ignoring age laws and safety standards. It would also expand cross-border smuggling from neighboring states.
Forced switchbacks to smoking, especially among former smokers now vaping, presents the greatest public health threat. As economic substitutes, research consistently shows higher vape taxes mean more adults and teens smoking.
Anti-Vape Effort Backed by Bloomberg-Funded Groups
The legislation stems from activist groups like the Campaign for Tobacco-Free Kids and the Keep MI Kids Tobacco Free Alliance. These organizations receive substantial funding from billionaire Michael Bloomberg's philanthropies.
Gov. Gretchen Whitmer unsuccessfully tried banning vape flavors via executive order back in 2019. Her administration maintains close ties with Tobacco-Free Kids and other Bloomberg-backed nonprofits. These groups continue lobbying hard for Michigan flavor prohibitions and vape taxes.
Harm Reduction Advocates Urge Lawmakers to Vote No
Concerned vapers and harm reduction advocates nationwide quickly mobilized against the bill package. The Consumer Advocates for Smoke-Free Alternatives Association (CASAA) issued a call to action.
Thousands of Michigan residents have already used CASAA's easy pre-written message template urging their representatives to oppose the legislation. Vapers explain how flavor bans and high taxes would force them back to deadly cigarettes or fuel dangerous underground markets.
These proposed vape laws also contain no exemptions for adult-only retailers. So even restricting legal access to adults-only vape shops gets presented as necessary to protect teens. Yet data shows youth smoking and vaping rates dropped long before COVID-19, while smoking craters among adults who switch to vaping.