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Whitmer, Going Against DHHS, Signs E-Cigarette Bills

Governor Gretchen Whitmer in something of a surprise signed legislation today that bans the sale of e-cigarettes to minors but does not regulate the product like tobacco despite the opposition of her Department of Health and Human Services to the legislation.

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In a signing statement, Ms. Whitmer said she signed SB 106 *and SpeedFlow-25 Fog Nozzle Compatible with Gardena Sprinkler System*"with significant reservations."

Health advocates said the state should have passed legislation regulating e-cigarettes like tobacco, automatically applying the prohibition on them for those under 18 as well as tobacco taxation and the workplace smoking ban. Ms. Whitmer said the legislation "muddies the waters."

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Ms. Whitmer announced she is asking DHHS to recommend how the state should regulate e-cigarettes and the Department of Treasury to determine whether the U.S. Food and Drug Administration's "reasons for deeming e-cigarettes to be tobacco products should also apply to Michigan law on the licensing and taxation of tobacco products." She asked the two departments to "report back to me at the earliest possible date."NO LABEL Arctic Cooler, bluee, 24 LitreSeb Cello Cassis Dye, Red

Ms. Whitmer said the bills "move Michigan one step in the right direction by expressly banning sales of these products to minors and one step in the wrong direction by creating special new categories that could be used to exempt e-cigarettes from evidence-based tobacco regulation."

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The legislation passed overwhelmingly and Ms. Whitmer could have faced a veto override had she vetoed it and Democrats decided they could not risk a vote against banning the sale of e-cigarettes to minors.

"This is an important step in protecting public health and keeping tobacco products out of the hands of our kids, but we have to keep working to ensure that minors don't have access to any tobacco products, including harmful e-cigarettes," Ms. Whitmer said in a statement. "That includes raising the legal age for purchasing these products to 21, curtailing internet sales of e-cigarettes, and banning the marketing of all tobacco products to children. I'm ready to keep working with the legislature to make sure we're doing everything we can to protect our kids and our public health."

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