Michigan bans flavored e-cigarettes a day after New York

Michigan banned the sale of flavored e-cigarettes on Wednesday, the latest state to act following hundreds of serious breathing issues in people using vaping devices

LANSING, Mich. -- Michigan banned the sale of flavored e-cigarettes on Wednesday, the latest state to act following hundreds of serious breathing issues in people using vaping devices that prompted a federal investigation.

The Michigan Department of Health and Human Services said the ban was effective immediately and gave retailers, including online sellers, two weeks to comply. The ban includes menthol and mint flavored products and expires after 180 days if not extended.

Gov. Gretchen Whitmer announced Sept. 4 that Michigan would become the first state to move toward banning flavored e-cigarettes, accusing companies of using candy flavors and deceptive advertising to appeal to kids. But New York officially became the first state to institute a ban when regulators approved a set of emergency rules on Tuesday.

"For too long, companies have gotten our kids hooked on nicotine by marketing candy-flavored vaping products as safe," Whitmer said in a statement on Wednesday. "That ends today."

"Today's filing is necessary to protect the public health," Khaldun said.

Owners of vape stores in New York have said they are considering a legal challenge to the ban, and challenges also are anticipated in Michigan.

Michigan's ban specifically included menthol flavored products but excluded tobacco flavored items. New York did not include menthol flavored products in its ban, prompting criticism from some health groups that kids will simply switch to that flavor.