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 action will not ban unflavored or tobacco-flavored vaping products, according to a spokesperson for Whitmer.

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.

Read more: What kind of vape is your kid using and what's in it?

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.

State Rep. Beau LaFave, R-Iron Mountain, said that Whitmer was taking away rights from law abiding adults.

"In a dark smoke filled back room, Emperor Whitmer has banned smoking alternatives for adults," he said. "This is a non-democratic process by which Emperor Whitmer has decided to bypass lawmakers to completely ignore the rulemaking process ... and has manufactured a crisis for political gain."

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.

The state Senate has decided not to challenge Whitmer’s ruling on vaping, said Amber McCann, spokeswoman for Senate Majority Leader Mike Shirkey, R-Clarklake.

“The governor has the authority to declare a public health emergency, and then to declare rule in response to that emergency and we do not intend to challenge the governor,” McCann said. “The majority leader shares her concerns about the impacts of those products on kids.”

Once the emergency rules go into effect, they’ll last for six months and Whitmer could renew the vaping ban for another six months. After that, she will either have to go through the formal rules process through the Legislature’s Joint Committee on Administrative Rules or ask the Legislature to enact a bill that would enshrine the ban into state law.

“We believe the governor is exercising the authority of her office properly,” McCann said. “And with this particular product perhaps the health concerns and the impact on youth outweigh the argument for free trade.”

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