Michigan becomes first state to ban flavored e-cigarettes, cites dangers of vaping

Michigan becomes first state to ban flavored e-cigarettes, cites dangers of vaping https://www.freep.com/story/news/local/michigan/2019/09/04/michigan-bans-flavored-e-cigarettes/2207061001/

1 Like

This is not a partial ban on some flavors or some retail locations. Online and retail sales of flavored vapor products are banned after a 30-day sell-through period.
Take Action TODAY by calling Governor Whitmer’s office and urging her to rescind this order.

(517) 373-3400

3 Likes

My urge to respond by writing a raging screed is nearly uncontrollable. Clearly, all vaping products are to be placed under the domain of Big Tobacco et al and taxed by federal, state, and local goobermints. It’s about power and money despite the nonsensical rhetoric.

“Investigating 6 lung infections that MAY be tied to vaping” is classic Hegelian dialectic: create a problem; manufacture a reaction; impose the contrived “solution.” So fucking transparent it boggles the mind yet with each passing day we slip deeper and deeper into totalitarianism across the world.

4 Likes

Detroit Free Press: “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.”

Right, put everyone in Michigan out of the vape business. But clearly, Michigan can not impose its will on other states. That’s what Indiana tried which was ruled illegal. Nevertheless, damned few vape businesses survived and those that did moved across state lines.

My reaction to the VTA vs FDA lawsuit was rooted in these actions in that while technically injunctions and “stays” exist, they are never imposed against government agencies. Injunctions and stays are to maintain status quo and prevent injuries until decisions and appeals are exhausted and final. Otherwise “lawsuits” are no more than extortionate acts…which they are.

Taxes on tobacco products have been a cash cow for governments. They want the money. BT have lost the profits. They want them back.

DFP; "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

Sale to minors in Michigan and everywhere else is illegal but now they need to protect the children by outlawing everything. Uh huh, that makes lots o sense.

As DIY mixers we were told long ago that the powers don’t want us doing it. IMHO this manufactured bullshit is how they will end it. It won’t be “safe” until BT makes all the juice and all juice bottles have a tax stamp just like their fucking cigarettes.

5 Likes

Exactly. Some people bought some vapable “street drugs” got sick and one died. Response; ban a critical aspect of vaping. Result; increased reliance upon black market or “street” sources. Her action will kill people, but Gretchen’s desire will be fulfilled. She will be heralded as a leader willing to take bold action. Clearly political maneuvering. Clearly sociopathic. Clearly Gooberment.

4 Likes

NY health dept just came out targeting vitamin E acetate. Those crazy fuckers were vaping grease. Can’t imagine that being a problem? That won’t effect the Emperor however. She has spoken!!!

4 Likes

It sounds like they have cut THC topical cream (if there is such a thing) into a vape

4 Likes

ROLF, I think that covers it. Absolutely FUBAR at every level. And now as the shops close and the internet is shut down they can sell a lot more!

4 Likes

FDA finds most “street vapes” linked to hundreds of lung illnesses contained vitamin E acetate, an “oil-like substance” meant to be ingested or applied topically, that may cause lung issues if inhaled. FDA found “nothing unusual” in tested nicotine products. http://bit.ly/2k5lIXy

3 Likes

Yes the Empress has issued her royal proclamation and edict which even trumps FDA findings. Here in Indiana (and apparently elsewhere) the sheep continue to bleat baaaaaaadddd, baaaaaaaaaddddd. Fucking hysterical measures are being undertaken here to prohibit vaping outside of businesses and even in parking lots…while people can smoke as long as they are 8 feet or more from a door.

Baaaadddd. Baaaaadddd.

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands . . . may justly be pronounced the very definition of tyranny.” The Federalist No. 47, p. 301 (C. Rossiter ed. 1961)"

I continue to see people reference “law” and “legislation”. No. Our tripartite systems of separations of powers, both state and federal, were designed prevent these arbitrary lawless edicts. Yeah, I know, I’m talking about principles instead of the totalitarian bullshit we have.

You nailed it. Once “elected” there is no recourse.

What I’m attempting to get at is that the only legislative act in play is the state statutory prohibition of the sale to minors. A statute is law enacted by legislation. A regulation is the administrative manner of implementing and enforcing which must ( defined statutorily) find its authority from a statutory grant of power. (Edit) When charged by a regulatory agency the charge will allege a statutory violation. To eliminate “acting as a judge in their own cause” the alleged offender has full right to defend and have the matter decided by the third branch, the judiciary.

So the declaration that: “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" is utterly lawless.

Observation: If companies within Michigan’s jurisdiction (also defined by statute) are selling products to minors then the executives tasked with administering the law should prosecute them under the statutory provisions which must be specific. However, Michigan does not have a defined offense of “using candy flavors to hook children on nicotine,” or making “misleading claims to promote a belief.” But if so, then charge the offenders and give them all rights attendant to defend themselves and their property.

All I see is a lawless edict . This is further supported:
"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.

Act as laws? So according to this the people and their LEGISLATIVE representatives have abdicated their powers and duties as lawmakers to the will and caprice of the executive.

At this time none of the allegations are illegal other than the sale to minors, and as provided by Act Of Congress, are statutorily under the jurisdiction of FDA concerning the manufacture and sale in interstate commerce.

1 Like

You’re dead on, but I wouldn’t be surprised if the Empress gets her way. Enter president law. If the other branches turn their heads and remain mute, I think it will fly.

1 Like

Yes this “declare an emergency” under pretense of “law” shit has gone on for far too long so nothing will surprise me. We have a nation ruled by unelected bureaucrats and a dumbed down populace wholly ignorant of the principals we were founded upon. So please excuse my rage, my disgust “runneth over.”

1 Like

You’re in good company. Let it rage. I take heart in being old. I don’t have to put up with this shit too much longer. The greatest damage from this direction will occur after my passing. They are asking for it and they will get it. At that point I will give it about 90 years, the term it took the USSR to fall apart. You can’t usurp nature for any extended period of time.

2 Likes

Youngsters exposed to drugs on social media… time to ban social media! :laughing:

4 Likes

So shocked that social media is being used for dealing :rofl::rofl::rofl::rofl:

4 Likes

And furthermore, the sheer hypocrisy of starting the article with this gem…

It is fine to get hooked on videogames instead of doing your homework but do not, I repeat, do not look at pictures of grass online.
Videogames go very well with drugs btw, the way you get sucked right into them. It is a lifestyle :grin:

2 Likes

I assume most here are aware that the State of Illinois is also attempting the flavor ban. On 10/05/19 draft LEGISLATION was filed as House Bill HB3883 in the Illinois House of Representatives.

http://ilga.gov/legislation/fulltext.asp?DocName=10100HB3883&GA=101&SessionId=108&DocTypeId=HB&LegID=121945&DocNum=3883&GAID=15&SessionSynopsis:

“Creates the Flavored Tobacco Ban Act. Prohibits the sale or distribution by an establishment of any flavored tobacco product. Provides that the Department of Public Health shall enforce the Act and may adopt rules or guidelines for the implementation and enforcement of the Act. Amends the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the license of any distributor that violates the Flavored Tobacco Ban Act.”

A comparison with the Michigan edict, devoid of legislative authority i.e. law crafted by the peoples representative lawmakers, should reveal to those reading and comparing that executive department agencies are never granted powers over the private rights of private citizens and their property. "Regulations’ are not laws. Our laws differentiate between public policies and private rights. The proposed Illinois ban applies to retail licenses:
Section 20. `Violations.

Upon a decision by the Department that an establishment or an establishment’s agent or employee
has engaged in any conduct that violates this Act, the Department of Revenue may suspend that establishment’s retailer’s license under Section 10-25 of the Tobacco Products Tax Act of 1995.

My point…there is clearly nothing in the proposed Illinois legislation which would criminalize the possession and use of flavored nicotine products by private citizens, nor can there be. It is an administrative rule regulating the retail sale. A criminal offense, anywhere in the US, must be defined by a statute.

“There can be no conviction for an offense not defined by statute.” Hargis v. State, 220 Ind. 429, 44 N.E.2d 307. This is universal across the United States and is a federally protected right.

3 Likes

Strictly speaking that should include cigarettes. BT uses flavours to enhance their products.

2 Likes