Washington state passed an emergency rule that bans the sale of flavored vaping products as of Thursday.
The ban lasts 120 days, according to the Washington State Board of Health, and comes in response to a nationwide outbreak of lung injuries associated with e-cigarette use or vaping.
“This is a critical part of our response to the youth vaping epidemic and the outbreak of vaping associated lung injury in Washington and throughout the country,” said Washington Secretary of Health John Wiesman, who is also a member of the board.
In September, Washington Gov. Jay Inslee announced an executive order directing the Washington State Department of Health to adopt emergency rules to ban all flavored vaping products, including those that contain nicotine and THC, at their next meeting.
“My executive order also directs the department and the Washington State Liquor and Cannabis Board to do the following: First, immediately ban any ingredients or sources that are found to be the cause of this acute lung illness,” Gov. Inslee said during a news conference last month.
There are at least 805 lung injury cases reported in 46 states and the US Virgin Islands, the US Centers for Disease Control and Prevention said late last month.
Twenty-four deaths have been confirmed in 20 states: three in California, two in Kansas, two in Oregon, and one each from Alabama, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New York, Pennsylvania and Virginia.
The specific chemical exposure causing lung injuries associated with e-cigarette use currently remains unknown, according to the CDC.
There are signs that point to a majority of patients vaping THC products.
‘This executive order is a floor, not a ceiling’
In 2012, Washington state legalized marijuana for recreational use and the Washington State Liquor and Cannabis Board’s enforcement and education division is responsible for enforcing state liquor, cannabis and tobacco laws and regulations.
In his September announcement, Inslee added that the next steps include for the health department and board to work together on drafting governor-requested legislation for 2020 that would permanently ban all flavored vaping products, require disclosure of all ingredients in products, increase the regulatory oversight of these products, limit bulk sales and expand an educational campaign.
“I wanted to do more by this executive order. I wanted to go further than this, but I followed our existing statutory authority,” Inslee said. “We aren’t done in this discussion. … What I’m doing with this executive order is a floor, not a ceiling.”
Matthew Myers, president of the advocacy group Campaign for Tobacco-Free Kids, applauded Inslee and supported the call for a ban on the sale of flavored e-cigarettes in Washington state.
“The time is now to end the youth e-cigarette epidemic, and Gov. Inslee’s call for prohibiting flavored e-cigarettes is exactly what we need,” Myers said in a written statement.
“The evidence is clear that flavored e-cigarettes have fueled this epidemic — 97% of youth e-cigarette users report using a flavored product in the past month and 70% cite flavors as the reason for their use. The recent spate of serious lung illnesses associated with e-cigarette use has added to the urgency of acting now to protect our kids and, indeed, the health of all Americans,” he said in the statement. “We look forward to working with Gov. Inslee and state lawmakers to pass this legislation and end the youth e-cigarette epidemic.”
Other states have also taken action to prohibit the sale of certain vaping projects. Last month, Massachusetts Gov. Charlie Baker called for a four-month temporary statewide ban on the sale of both flavored and non-flavored e-cigarettes and vaping products.
Earlier in September, Michigan banned the sale of flavored vaping products and New York banned the sale of most flavored e-cigarettes. In June, San Francisco became the first US city to effectively ban all e-cigarette sales.