Vaping Products Ban in Massachusetts

On September 24, 2019, Massachusetts Governor, Charlie Baker, declared a public health emergency, and prohibited the sale or display of all vaping products in the Commonwealth of Massachusetts to consumers in retail establishments, online, and through any other means. This was in response to an outbreak of severe lung disease associated with e-cigarettes and vaping products.

The State Public Health Laboratory stated that an alarming number of cases were coming in to the state lab since the disease was made a reportable condition, in September, and this, in addition to information coming in from across the country, led to the Governor declaring this a public health emergency.

Three people have died in Massachusetts from vaping lung injury, according to MassLive, a man in his 50’s from Worcester County, a woman in her 40’s from Middlesex County, and a woman in her 60’s from Hampshire County.

The state has 220 reports of suspected vaping-associated lung injuries with 21 confirmed and 47 probable cases to the Centers for Disease Control, according to CBS Boston News.

Today, the New York Times reported that the Centers for Disease Control and Prevention identified Vitamin E acetate, an ingredient added to the THC-based products, has been identified as a “very strong cultprit” in the vaping related lung injuries that have sickened more than 2,000 people and killed more than 36. Vitamin E was found in fluid samples taken from the lungs of 29 patients who had the disease.

Superior Court Judge Douglad Wilkins determined that the vaping ban caused irreparable harm to medical marijuana patients and ruled Tuesday that the portion of the ban that prohibits the sale of medical marijuana vapes must be lifted next week unless the Cannabis Commission votes to approve it.

As for now, the vaping ban remains in effect.