Vaping ban raises concerns for businesses, consumersDate: 10/2/2019 GREATER SPRINGFIELD – During what is being called an “epidemic of e-cigarette use among youth,” Governor Charlie Baker ordered a four-month ban on the sale of vaping devices and products within the Commonwealth.
Baker announced the ban in a news conference on Sept. 24, stating the Commonwealth needed to “pause sales” of the products and devices to “better understand the dangers of vaping both tobacco and marijuana.”
As of Sept. 23, Baker said there had been “61 cases of vaping-related illnesses” confirmed across Massachusetts and “41 percent of all youth in Massachusetts reported trying e-cigarettes.” He said, “It’s unclear what parts of the additive are causing these problems.”
During the conference, Baker also issued a declaration of a public health emergency. The vaping ban ordered by Baker states that the health emergency “exists in the Commonwealth due to severe lung disease associated with the use of e-cigarettes and vaping products…”
“This temporary ban will allow state government and medical providers to understand the dangers and respond accordingly,” Baker said. He also said, with more information “we can then consider legislative action.”
Lt. Governor Karyn Polito also spoke during the conference and said “as a parent, I worry about our kids across the Commonwealth being exposed to products that are unhealthy and highly addictive.” She then went on to say that more than 8,000 flavors of vaping products are marketed and sold, and asked parents to speak to their children about the dangers of vaping.
Also present at the news conference was Public Health Commissioner Monica Bharel, who said the Commonwealth's goal, and one of the reasons for the temporary ban, was prevention. “Our goal is simple, we do not want another generation of children to become addicted to nicotine.”
She continued, “We know this is an issue not only nationally, but here in Massachusetts. We don’t know what the cause of these illnesses is, we don’t know what is causing these illnesses, but the only thing in common is the use of these e-cigarette products. So we want to act now.”
According to an informational letter about the Order to Massachusetts from the Department of Public Health (DPH), as of Sept. 19 the Centers for Disease Control and Prevention (CDC) had confirmed a total of 530 cases of severe lung disease associated with vaping in 38 different states and territories across the United States. Additionally, seven deaths related to severe lung disease had been confirmed by the CDC in six different states.
The DPH said the common factor in all reported cases is “a history of vaping, and a history of using vaping products containing tetrahydrocannabinol (THC), nicotine, or a combination of both.” The DPH letter stated that the goal of the Order issued by Baker is “protecting the health of Massachusetts residents.”
The Order of the Commissioner of Public Health related to the ban defines “vaping products” to mean “any product intended for human consumption by inhalation regardless of nicotine content, whether for one-time use or reusable, that relies on vaporization or aerosolization…”
The ban, however, does not apply to products that have been approved by the FDA, “either as a tobacco use cessation product or for other medical purposes and which is being marketed and sold or prescribed solely for the approved purpose.” The ban will remain in effect until Jan. 25, 2020, until the public health emergency is declared over, or until the Order is rescinded by the public health commissioner. The ban officially went into effect on Sept. 24.
In a letter to tobacco retailers from the DPH, the ban applies to retail stores and online retailers. While on the afternoon of Sept. 23 online retailers were still marketing and shipping vaping products to Massachusetts residents, by Sept. 29 online retailers such as Juul were no longer selling vaping devices and products to residents in the Commonwealth.
The letter also warns retailers that if they don’t comply with the Order their vape products may be seized, they may be fined, and other penalties may be imposed. The DPH also sent a letter to local boards of health across the state with guidance on how to enforce the ban within their communities. The letter stated that the DPH is relying on “local expertise to help enforce this Order” within their municipalities.
Guidance outlined in the letter included visiting retailers to ensure they were complying with the ban, issuing cease and desist letters if vaping products continue to be sold, directing retailers to stop selling and/or displaying vaping products, and re-visiting vape shops if they’re found in violation to ensure the ban is being followed.
Since marijuana products are not FDA regulated, the ban also applies to vaping products being sold in recreational dispensaries across Massachusetts. President of New England Treatment Access (NETA), Amanda Rositano, told Reminder Publishing, while they “will comply with the Governor’s order” and “understand his concern for public safety,” they also “believe this issue underscores the importance of a legal and licensed cannabis market, where products must pass rigorous testing procedures to help ensure safety and consistency.”
During the ban, Rositano said NETA will work with patients and customers who currently using vape products “to find the best alternative products to meet their needs during the review period.” She continued, “We look forward to working with the Governor’s office and the CCC to find ways to ensure patients and consumers have access to safe products, while protecting them from contaminated products most commonly found on the illicit market.”
When Reminder Publishing went to All Day Vapors on Boston Road in Wilbraham, Manager Kaelan Querros, was boxing up vape products and devices in the store.
Querros said at this time he’s unsure what the ban will mean for the business long term, “It’s something we have to take with time.” He also told Reminder Publishing that the store gets vape products that are “lab tested” and the problem is “vitamin E acetate vapor being cut with THC concentrate.”
Vape juice, or product, according to Querros, has been regulated by the FDA since 2017. According to the FDA website, in 2016 the FDA finalized a rule to include the regulation of all tobacco-related products, “including electronic nicotine delivery systems (ENDS) that meet the definition of a tobacco product.”
Manufacturing, importing, packaging, labeling, advertising, promotions, sales, and distributions of END components and parts have all been regulated by the FDA since then. END components and parts include e-liquids, glass or plastic vial containers of e-liquids, cartridges, atomizers, some batteries, cartomizers and clearomizers, digital display or lights to adjust settings, tank systems, drip tips, flavorings, and programmable software.
However, according to the FDA website, less than two months ago on Aug. 18, the agency sent letters to four companies asking them to remove 44 flavored e-liquid and hookah tobacco products which did not have the required marketing authorization, making it illegal for them to be sold in the U.S.
During the time Reminder Publishing was in the vape shop, a woman who did not want to be named came in to purchase products and was upset by the ban. She said she’d been using vape products for about five years. “What the frig are we supposed to do? It pretty much sucks. I’m going to go across the state line.”
Querros said this was a difficult part of the ban. “Having to tell a 70-year-old woman ‘no’ and have her go back to smoking cigarettes, it’s terrible.”
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