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Washington State’s Growing Vaping Restrictions

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In response to the outbreak of vaping-related illnesses, labeled E-Cigarette or Vaping product use Associated Lung Injury (EVALI) by the CDC, Washington State has implemented increasingly strict vaping regulations. The state began by banning flavored vaping products in October, signed by the executive order by Gov. Jay Inslee and set to last 120 days. Since the signing of the order, the CDC has determined some primary causes of the illnesses: vitamin E acetate.

 

Vitamin E Acetate

A common ingredient in the black market, THC laced vape products, vitamin E acetate is not meant to be inhaled. When ingested orally or through the skin, as in pills or lotions, the solution is safe and often used as a supplement. When inhaled, the acetate sticks to and burns the lungs. Traces of vitamin E acetate have been found in a majority of EVALI cases, and most commonly in people who have reported using unregulated, THC vaping products. The substance has yet to be found in regulated vaping products.

 

If It’s Vitamin E Acetate, Why the Large Scale Ban?

While vitamin E acetate might be suspected of causing illnesses, it isn’t the reason people are vaping. JUUL and other e-cigarette manufacturers have been under heavy criticism, including lawsuits, for their part in getting minors addicted to nicotine through flavored vaping products. Statewide bans of flavored vaping products have been put in place in multiple states, and Washington State just implemented a ban on all vaping products containing vitamin E. It is currently unclear what the most recent ban will do, as most of the products currently containing vitamin E acetate are already unregulated and manufactured outside the scope of the law. 

Beyond the ban of the suspected substance, banning flavored vaping products is also an attempt to reduce the number of minors at risk of developing an early nicotine addiction. E-cigarettes have incredibly high nicotine levels and were marketed heavily towards a younger audience. This marketing failed to acknowledge all the risks of nicotine addiction, and flavored products make vaping more appealing to minors than traditional smoking. The ban is hoped to stem the rising tide of minors who will suffer the life-long effects of nicotine addiction.

Vaping Illnesses: Who’s At Fault?

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As of October 3rd, there were 19 deaths related to vaping illnesses. With such an industry-wide scare, questions of class-action lawsuits are beginning to arise. With the exact cause of the illnesses yet to be determined, it can be hard to figure out who’s at fault. The e-cigarette brand JUUL has already been at the center of lawsuits due to their highly-addictive flavored nicotine products, said to be targeted at minors. Unfortunately, the recent outbreak of illnesses is harder to pin down, making the target of any wrongful death cases difficult to find.

 

Unknown Cause

With the expansion of the e-cigarette market, the number of manufacturers of both e-cigarettes and vape liquid has exploded, with not all of them following the regulations laid out by the FDA, or even registering as manufacturers. This has opened up a dangerous black market of vapes and vape liquids containing products the purchaser might be entirely unaware of. Due to the sub-legal nature of many of these manufacturers, defective product and product liability cases could prove to be difficult, but not impossible. 

 

Multiple Manufacturers

Unlike JUUL cases, vaping illnesses appear to be related to multiple manufacturers. While there have been common ingredients between products used by patients prior to their hospitalization, mainly vitamin E oil, and various THC products, the exact cause is still under investigation. Until a specific manufacturer, whether of a liquid product, ingredient, or device is found, there is no one obvious to litigate against. 

 

What Can Be Done

At an individual level, if you or a loved one are suffering or experienced a wrongful death due to vaping-related lung illness and have an idea of what product caused it, contact a personal injury or product liability, attorney. Don’t let manufacturers get away with cutting corners at the expense of you or a loved one’s life.