After a prior flavor ban was struck down by the courts, Michigan governor Gretchen Whitmer is planning to initiate a new ban on flavored vape and tobacco products with the goal of reducing side effects from Juul and other vape products.

What Is the Proposed Michigan Flavored Vape Ban?

On Oct. 20, the Michigan Department of Health and Human Services held a virtual hearing to allow the public to comment on a recent proposal to ban flavored vape and nicotine products across the state. This is the second flavored vape ban proposed by the governor.

The original Michigan flavored vape ban was issued in September 2019 by the governor’s office. However, a Court of Claims judge argued that the governor did not have the authority to ban these products without input and approval from state lawmakers. An injunction was issued against the ban, and the Supreme Court of Michigan declined to overturn it.

According to anti-smoking advocates, bans on flavored nicotine products are a necessary step towards curbing the rising use of nicotine by teens and other minors. Although teen smoking had been on the decline for years, the popularity of vape pens and other devices has caused a significant increase in underage nicotine abuse. Many of the teens who smoke choose discreet e-cigarettes such as Juuls, and may be more likely to choose flavors such as crème brûleé, fruit medley, or banana ice.

However, some advocates for vaping and smoking claim that the Michigan flavored vape ban will negatively affect smokers who have switched to smokeless products from traditional cigarettes. Vape pens and e-cigarettes have been promoted by many retailers as a safer alternative for using nicotine, and many smokers looking to kick the habit have also turned to these devices as they allow users to decrease the amount of nicotine they get from each puff. Opponents of the ban have also claimed that unless there is approval from legislators, the governor does not have the authority to institute this type of ban.

Are E-Cigarettes and Vape Pens Dangerous?

Proponents of vape pen flavor bans have argued that these devices are inherently dangerous, and may lead to serious and chronic health conditions. Additionally, the fun flavors in which many of these vape products are sold may entice young people to pick up smoking. Although the youth smoking rate for traditional cigarettes dropped to less than 4% as of December 2019, more than 22% of high schoolers report using vape pens or e-cigarettes at least once a month.

In addition to known dangers of nicotine exposure including lung cancer and nicotine addiction, vape pens may come with their own added risks. In 2019, an outbreak of vape related lung illnesses swept the U.S. More than 2,000 people were hospitalized due to complications of the condition, and almost 70 people died. The vape lung illnesses affected people of all ages, and affected long term users as well as new smokers. Even people who recovered from the condition have reported suffering from lasting side effects related to their lung function and overall health.

As the nicotine liquid used in vape pens contains many chemicals and additives, smokers may be exposing themselves to an unknown number of harmful substances. The long term effects of using vape pens and e-cigarettes have not been studied enough to determine the full extent of the impact that these devices may have on heart and lung health.

If you have developed vape related lung illnesses or other heart and lung problems after smoking vape pens or e-cigarettes, you may be able to speak with an experienced attorney about the legal options available to you. Some victims of vape related injuries may be eligible to join or file a class action lawsuit against the manufacturers of these devices.