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Vape Lung Outbreak Inspires E-Cigarette Bans Across the Country

While the FDA continues to do nothing to protect consumers from the health risks associated with vaping, the States of America are exercising their independent powers to protect their residents. Their actions are in response to the CDC’s recent report of over 1200 cases of rapid-onset lung disease caused by vaping, including over 26 deaths. The youngest victim was a 17-year-old boy in New York.

The following states have issued either full or partial bans, or other restrictions on the sale of e-cigarettes:

  • Massachusetts has taken the lead in this effort by issuing a 4-month ban on the sale of all vape products. Immediately after the Governor’s announcement, the Vape Industry responded with a call for an injunction the ban—the initial effort was unsuccessful. The case continues in Federal Court.

  • Michigan banned flavored e-cigarettes—ban just blocked by Michigan court so it is no longer in effect.

  • New York banned flavored e-cigarettes—currently on hold in federal court, not in effect.

  • Rhode Island banned flavored e-cigarettes—currently in effect for a four-month period.

  • Washington banned flavored e-cigarettes—currently in effect for a four-month period.

  • Oregon banned flavored e-cigarettes but not for pure cannabis terpene flavors—the ban is currently in effect for six-month period.

  • Montana banned flavored nicotine e-cigarettes—in effect for 120 days—currently in effect.

  • California issued a suggestion for people to stop vaping, but the city of San Francisco issued a ban on all sales of e-cigarettes in city limits—currently in effect.

  • Utah restricted sales to specialty tobacco shops—currently in effect.

  • The Puyallup Tribe instituted a 100-day ban on the sale of flavored vaping products on tribal land—goes into effect on November 1st.

As you can see, many of the bans have been challenged in state and federal courts by the Big Vaping industry (much of which is underwritten by the Big Tobacco Industry). One wonders why the vape industry is spending millions of dollars to fight in court instead of just fixing the problem by making their products safe for consumers. While they manipulate their way through court, people are suffering permanent injury and death—including young adults who were completely healthy before they picked up one of the unregulated vape products.

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About this Author

Domenic B. Sanginiti, Jr, Stark Law, Personal Injury Lawyer, Civil Litigation Attorney
Shareholder

Domenic B. Sanginiti, Jr. is a Shareholder and member of the Accident & Personal Injury Group. Mr. Sanginiti concentrates on catastrophic personal injury matters, negligent security claims, wrongful death and product liability matters. Mr. Sanginiti also focuses his practice on the hazards and defects of lithium ion batteries, e-cigarettes, and other vaping products. Mr. Sanginiti is currently leading the Juul litigation at Stark & Stark and...

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