Michigan's flavored vaping ban is now in effect. Violators could be jailed six months and fined $200

(FOX 2) - Michigan's ban on flavored nicotine vaping products goes into effect today.

Michigan Gov. Gretchen Whitmer announced the state's outright ban on the e-cigarette after the state health department declared a public health emergency connected to the vaping products. The declaration was in response to rising numbers of youth vaping.

While the ban went into effect immediately, Whitmer gave businesses that sell the product 14 days to comply with the ban. Michigan was the first state in the country to ban the product, with the White House following after a call from the Food and Drug Administration. New York's governor as made a similar call to ban the product.

On Wednesday, the rules of that ban were released.

Any nicotine that tastes or has an aroma that doesn't taste or smell like tobacco is illegal. Flavors outlined in the rules include menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, herbs or spices. No business can "sell, offer for sale, give, transport or otherwise distribute, possess with intent to sell" or any other variation of distribution of a flavored nicotine vapor product. 

Any person who violates the provision could be punished up to 6 months and fined up to $200.

From 2017 to 2018, e-cigarette use among high school students climbed 78 percent, and 48 percent among middle school students. While Whitmer signed two bills in June that clarified laws that made it illegal to sell e-cigarettes to minors, usage among young people remained high.

"As governor, my number one priority is keeping our kids safe," said Governor Whitmer in a Sept. 4 press release. "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."