Michigan first state to ban flavored ecigs

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zoiDman

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I still can't figure this out. If a governor is able to ban a product based on a public health threat how come they never banned cigarettes under the same powers? Those are documented to kill tens of thousands of their citizens but they don't use such public health powers over that?

Yup, public health comes first.

I'm sure this has Nothing to do with it.

Cigarette tax rate - .10 per (10 cents) individual stick or $2.00 per pack of 20. Other tobacco Products - Cigars, non-cigarette smoking tobacco and smokeless tobacco tax rate is 32% of the wholesale price which is the price charged by the manufacturer including the federal taxes before any discounts.

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Baditude

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Don't worry about flavors. The same stuff we use is also used for baking, candy making, ice cream, etc. .
How many current smokers will take the time to learn how to DIY to try vaping to quit smoking? NONE.

How many current vapers will take the time to learn how to DIY to continue vaping? :unsure:



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CMD-Ky

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My guess is that, unless the smoker has a DIY vaping friend, the answer is that the percentage will be as near "0" as it can be.

How many current smokers will take the time to learn how to DIY to try vaping to quit smoking.


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sofarsogood

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The Michigan legislture has done a brilliant job of ignoring the vape issue. Why should they make themselves a target over this when it's already overseen by the Feds? So why would the governor take this action, trigger a very strong reaction, in return for very little. The lesson of the sick drug vapers is, don't buy eliquid for any use from people who are difficult to hold accountable if something goes wrong.

If the governor had this power all along why wasn't it used soonere? Why didn't the previous governor use it? He was no friend of vaping. Is there a weakness in this authority that requires a certain amount of public support? If yes does she have it? My hunch is she's winging it and blundered.
 

gsmit1

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I believe the governor of our state probably thinks she is helping somebody and there is literally no political risk in this action. If there were it would be a different story though.

The bigger picture is what I'm talking about. The forces informing the public consciousnesses in this whole vaping saga ARE ALL about power and money. Period. I've been watching these people closely for the past 25 years and they are doing what they always do.
 
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gsmit1

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This came up a while back over on Reddit with regard to the oppressive vape tax in Massachusetts. A fella was yelling

"THEY WANT EVERYBODY TO DIE OF CANCER!!."

As much as I don't like it, this is what I told him which happens to be the case. I've scraped things off my shoe with greater moral character and conviction than the average American politician of either party.


No, they do not want people to die of cancer.

What they do want is to gain and retain POWER. That means winning elections, which is THE ONLY thing they care about,

Until vapers get it in their heads once and for all that this entire debate has absolutely NOTHING, nada, zip, zilch to do with public health or saving teens, this fantasy will continue.

The average politician, of either major American party, could not possibly care less who lives or dies beyond it's impact upon the next election cycle.

VOTES are the one and only thing they care about and vapers do not have anywhere near the numbers to render ANY influence whatsoever over any national, or even state election and you can count on a couple hands the local districts nationwide where that influence would be felt at all.

We SHOULD exercise our citizen rights, but they are going to do whatever they think will get them reelected, and in that arena, vaping is an irritation that they can't kill fast enough.

You can call me names, jump and down, scream, snarl, snort and spit, but that will not change the inescapable reality of this situation.
 

gsmit1

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Another copy and paste from a different site to save myself some typing.
-----------------------------------------------
This is an application to the the present discussion of vaping of 25 years of watching American politicians.

If a comprehensive prohibition on all things vape related is politically expedient, that's what they'll do, even if it kills millions of people.

If championing the benefits of vaping is politically expedient, then that's what they'll do, saving millions of people.

The lives of the people are irrelevant. What IS relevant is public opinion in their voting district because that's what will win or lose them elections.

Elections are won with money because money buys airtime and influence.That means big special interest donors. We are by comparison, a microscopic special interest lobby.

All of that is just part of the problem. The other part is that people vote with their wallets too. Most people will vote for whoever they are convinced will be most advantageous to their own financial situation. Or least destructive.

Even if most of the voting populous were to become convinced that vaping was a good thing, (which we are a couple hundred thousand light years away from) most are not going to vote against their own financial self interest in order to see vaping thrive. It's just not important to most of them.
 

Alexander Mundy

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reacting to the recent illegitimate ecig health issues, wrapped up in the unending flow of negative statements and contrived studies.

Many of you have seen my posts about Harry, but for those that haven't the ANTZ have done well in following (or at least paralleling) Anslinger and I think it's worth checking out.

Harry J. Anslinger - Wikipedia
 

Baditude

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@sofarsogood , second hand information that I read was the governor was over-reacting to the news stories of teens getting sick and being hospitalized and near death. She wanted council to draw up tougher e-cigarette laws, but they drug their feet, so she executed an executive order on her own behalf. I suspect she had political inspirations, too.

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I had a long discussion with a non-smoker/non-vaper friend about this flavor ban. He wasn't aware how important flavors are for adults who vape. He said to keep children from being attracted to ecigarettes with flavors, e-cigarettes should be limited to tobacco and menthol because that is what cigarettes have. I told him this flavor ban also includes menthol and only tobacco flavor will be allowed. I added that I was a menthol smoker and hated non-menthol cigarettes. I said if only tobacco flavors were available when I considered to try vaping, I would have failed to stop smoking.

I like to include links to prove my points. Below is our actual Face Book conversation:

JOHN: It's a ban on FLAVORS, right? The reason being that kids are attracted to the FLAVORS. If an adult wants to vape, they can still do it, right? That's hardly a "death sentence" for anyone...... except the vaper who STILL runs the higher risks associated with nicotine and the still-unknown effects of the introduction of the vaping compound.

ME: Adults like flavors, too. In fact, having a choice of flavors is one of the primary reasons that e-cigarettes are so successful for smokers to quit smoking. E-liquid manufacturers can't create a flavor that "tastes like a cigarette", its impossible. So yes, banning flavors for e-cigarettes is a death sentence for the industry. You and I could debate all day and night about the so-called risks of vaping.

Why You Don’t Need an E-Liquid that Tastes Like Cigarettes

The effect of e-cigarette aerosol emissions on respiratory health: a narrative review. - PubMed - NCBI

JOHN: Yes, I'm sure that adults like flavors. IMHO, they can do without if it helps keep kids from vaping. Kids are more important........... period.

ME: There are already laws in all states that prohibit under-aged vaping. How about enforcing those laws instead of creating a ban that will destroy an industry that can allow smokers and previous smokers to stop using tobacco products? Prohibition didn't work for alcohol. It won't work for banning vaping, either. Black markets will be created, and we already know the cannibus black market has recently put hundreds of "teens" into hospitals. How about PARENTS better monitor what their kids spend their money on?

JOHN: I agree that the laws should be enforced, but as you know we ALL drank and smoked when under age. How about a compromise/ Cigs had regular and menthol, right? So, allow Vapes to have that.

ME: This ban in Michigan includes menthol. I smoked strictly menthol cigarettes when I smoked. Not having flavors to choose from would have kept me from being successful vaping and quitting cigarettes. I hated tobacco cigarettes and I hate tobacco e-liquid flavors. I'd still be a smoker, or dead if there were no flavors to choose from. They are that important.

ME: Your rationale can be compared to the deaths of children in the school shootings. It wasn't the guns that killed them, it was deranged people who did. Are you in favor of banning all guns to "save the children"?

JOHN: OK, I would agree that Michigan should include Menthol. Perhaps they will amend the Executive Order. And I agree that it's the "user", not the "vehicle". It's just harder for a kid to get a gun and use it than a E-cig. Therefore, as I said before, i' am in favor of a compromise. But, in the end, it's up to Michigan. The bottom line, though, is that the kid are more important than the adults and that's why our other laws put kids first.

ME: FDA Created the Youth Vaping Epidemic, Now It’s Doubling Down

JOHN: (No comment. End of conversation.)
 
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zoiDman

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...

If the governor had this power all along why wasn't it used soonere? Why didn't the previous governor use it? He was no friend of vaping. Is there a weakness in this authority that requires a certain amount of public support? If yes does she have it? My hunch is she's winging it and blundered.

Generally speaking, a State Governor does Not have the power to essentially shut down an Legally Operating Industry Sector.

They are a Governor, Not a King. And there is a Check to a Governor's power. And that Check is the Legislative Body.

But Many Registrants to a Governor's powers are Removed if the State, or a portion of the State, is Deemed to be in a "State of Emergency". And in Practical Theory, this Makes Sense.

Exam: A Flood Hits. Can't wait for the Partisan BS to die down on Congress. The Governor Can Appropriate Emergency Funds to Start/Do a Recovery Effort.

This is Why when you hear a Governor declare an Emergency that it is a Big Deal. Because it Empowers a Governor with Powers they Normally wouldn't have.

And this is what our friend Gretchen did. She, with the Michigan Department of Health, declared a "Public Health Emergency" for the Entire State of Michigan. That gave her the (Legally Debatable) Power to place a Ban on Flavored Vapor products.

So it All Get's Down to What is an Emergency? And what is a Reasonable Exercising of Powers in such an Emergency?

And this is what an Federally Filed Emergency Injunction (Hopefully) will successfully Challenge.

That Flavored Vapor products in Michigan have Not caused a "State Health Emergency" under any Statutory or Common Sense definition of what a "State Health Emergency" is.

And that the Governor/Department of Health have Overstepped her/their authority in Issuing a Ban on Vapor Products without the Consent of the Michigan Congress.
 
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englishmick

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I am probably just cynical based on my personal experience but I don't believe anyone has any best interests at heart when they accept money from BT or BT interests.

If she thinks nicotine is bad, why take money from the devil? I call a hypocrite where I see one.

The way the political system works in this country it takes a lot of money to join the game. Money is Speech etc means the money is available. If you turn down money from sources you disapprove of the other guy will take it and win. I doubt if any donor list in the country would look much different.

I have no idea what's in the mind of that Governor. It does seem hypocritical to take tobacco money and act against vaping. Take dirty money and do good with it? The legislators who refused to give her a bill banning vaping probably all take tobacco money, what does that say about them?

The motives around this topic are all over the place. I'm sure there are people acting because they really believe in the cause. At the other end people who act solely because they are given money. And everything in between.
 
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zoiDman

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Trump declares "Emergencies". Now governors declare "emergencies".

It's all an "emergency" so politicians can bypass the political process. That's all. And it's on ALL sides.

Where the Breakdown occurs is in Incompetence of Lawmakers to Clearly Define what is Exactly are the Requirements for something to be Declared an Emergency.

Leaving it up to a Governor (or a President) to use their Judgement is not even Simplistic. It is a Subversion and a Shirking of the Role of Congress(es).

And I don't know about Anyone else? But I am getting Sick and Tired of the Courts having to have to Legislate from the Bench, and Reply of Judicial Deference, because of the Lack of Statutory guidance.
 

AttyPops

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Where the Breakdown occurs is in Incompetence of Lawmakers to Clearly Define what is Exactly are the Requirements for something to be Declared an Emergency.

Leaving it up to a Governor (or a President) to use their Judgement is not even Simplistic. It is a Subversion and a Shirking of the Role of Congress(es).

And I don't know about Anyone else? But I am getting Sick and Tired of the Courts having to have to Legislate from the Bench, and Reply of Judicial Deference, because of the Lack of Statutory guidance.
Totally. I think it's a symptom of gridlock. And that gridlock is, at least in part, our collective fault. We get "radical" as if that solves anything. It's just polarization. Mass mis-education, and of course political opinion.

Anti-Vape-flavoring, the new wall. Who knew? More symbols of angst to manipulate the masses! :lol:
More cow bell! More cow bell!

(Boy am I going to get hell for this political post. Moving right along...)
 

AttyPops

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Where the Breakdown occurs is in Incompetence of Lawmakers to Clearly Define what is Exactly are the Requirements for something to be Declared an Emergency.
How about making it an impeachable offense if it's not a real emergency? That should fix most of the problem.
 
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bombastinator

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Was listening to a radio program in the car. It criticizes both the CDC and the new Michigan law and states that the stuff the CDC is talking about is not actually nicotine vaping and they’re not being clear about that. Link to follow.
 

CMD-Ky

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How about making it an impeachable offense if it's not a real emergency? That should fix most of the problem.

Can you define "a real emergency"? And then perhaps give some current day examples of a real emergency? Lastly, can you give some examples of emergencies declared but were not real emergencies?
 
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AttyPops

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Can you define "a real emergency"? And then perhaps give some current day examples of a real emergency? Lastly, can you give some examples of emergencies declared but were not real emergencies?
Well, last things first:

Vaping flavor crisis (bypassing the political debate process).
Trump's wall need. (He appropriated military funding for the "emergency", not getting it from Congress).

Neither of these are emergencies in the sense they were meant for (like plagues or nuclear wars).

So I suppose those are two examples of State/National "emergencies"...things that due to immediacy of need cannot go through the normal political process. Similar to martial law type of things.
 
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