Substitute For

SENATE BILL NO. 783

A bill to amend 1915 PA 31, entitled

"Youth tobacco act,"

(MCL 722.641 to 722.645) by adding section 1a.

the people of the state of michigan enact:

Sec. 1a. (1) A person who sells vapor products at retail shall not do any of the following:

(a) Advertise a vapor product in a manner that causes a minor to believe that health benefits may be derived from the use of the vapor product, unless the vapor product is approved by the United States Food and Drug Administration.

(b) Promote a vapor product by comparing the health effects that arise from the use of vapor products with the health effects that arise from the use of tobacco products.

(2) A person who violates subsection (1) is responsible for a state civil infraction and may be ordered to pay a civil fine as follows:

(a) For a first offense, not more than $500.00 in a calendar year.

(b) For a second offense, not more than $1,000.00 in a calendar year.

(c) For a third or subsequent offense, not more than $2,500.00 in a calendar year.

(3) Subject to the restrictions in this section, a person may sell a vapor product of any flavor to an individual who is at least 21 years of age.

(4) Notwithstanding any other provision of this act to the contrary, the presence of the following flavors alone, without more, is not considered to be appealing to minors:

(a) Tobacco.

(b) Menthol.

(c) Fruit or a combination of common fruits.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No. 781.

(b) Senate Bill No. 782.

(c) Senate Bill No. 784.