MI SB0649

Creates the nicotine and tobacco regulation fund in the state treasury, administered by the Department of Health and Human Services, with revenue from fines and other sources to fund enforcement and compliance activities.

Prohibits persons from advertising for sale, displaying for sale, marketing, or selling nicotine or tobacco products with characterizing flavor, with exemptions for hookah and hookah tobacco sold for on-site consumption at tobacco specialty retail stores.

Establishes civil penalties for flavor product violations: first violation up to $1,500; second violation $2,000 with 30-day license suspension; third violation $2,500 with 1-year license suspension; fourth or subsequent violation $3,000 with license revocation.

Defines "characterizing flavor" as a distinguishable taste, aroma, or cooling/numbing sensation other than tobacco, and establishes presumption that products with characterizing flavor claims on labels or marketing materials are presumed to have such flavor unless proven otherwise by preponderance of evidence.

Renames the act from "youth tobacco act" to "nicotine and tobacco act" and expands definitions to include nicotine or tobacco products, qualified vapor products, and alternative nicotine products; updates cross-references to FDA regulations to 21 USC 351 to 360fff-8.