Last Updated: 02/24/20
This state specific posting is part of an ongoing effort to provide updated information to consumers and businesses within the vaping industry regarding existing, upcoming, and potential bans of vaping products.
We will continue to work to keep the information as current and up to date as possible to answer questions you may have and help alleviate concerns and misinformation.
While we work to include as much relevant information as possible, we recommend going directly to the government website for your state to find additional information such as “Notices of Public Hearings”, “Voting Deadlines”, and updates on relevant legislation.
Here's what we know so far for Washington.
Ban on flavored vaping products expired on February 8, 2020
The 120-day emergency ban was approved during an October 9th board meeting after a public comment session in which many small business owners and vaping advocates spoke and chanted "shame."
“Each board member stressed that, while it is a difficult and emotional topic, the safety of youth outweighed the concerns raised at the meeting.”
In response, the Vapor Technology Association filed a lawsuit seeking to bar the state from enforcement of the ban.
BAN ANNOUNCED ON FLAVORED VAPING PRODUCTS
On September 27, Washington Governor Jay Inslee issued an executive order to ban the sale of flavored vaping products. In the executive order, Gov. Inslee directed the Washington State Board of Health to exercise its emergency authority to ban all flavored vaping products, including those containing THC.
"We are interested in ensuring that adults and young people have known and regulated ingredients in vaping products. Everyone deserves to know what is in the vaping liquid they are inhaling into their lungs."
WHY WAS THE BAN ORDERED?
According to Governor Inslee:
"The announcement comes after medical professionals reported seven cases of severe lung illness in Washington from vaping devices or e-cigarette products. The Center for Disease Control has reported at least 12 deaths nationwide, as well as more than 800 cases of lung injury possibly related to these products."
WHEN WILL THE BAN TAKE EFFECT?
If adopted during the health board’s October 9 meeting, the ban would go into effect October 10.
HOW LONG WILL THE BAN BE IN EFFECT?
The ban would last for 120 days with the potential to be renewed.
WHAT DOES THE BAN MEAN TO RETAILERS?
Right now there is no way to know if a ban will be enacted or what it will ultimately mean to retailers. Based on the language in the executive order, retailers will not be allowed to sell or display any banned products in their retail establishments. The executive order also indicates that for any approved products, clear disclosure of all ingredients used in the manufacturing and processing will be required on product labeling.
Gov. Inslee has called for signage to be developed, however there are no signage postings at this time.
There is no enforcement information at this time.
There is no information on fines at this time.
Gov. Inslee has called for the State Department of Health and the Washington Liquor and Cannabis Board to ban the sale of any specific vaping products, “if and when they are identified as the cause of the lung injuries.” Retailers will also be required to post warning signs in their retail locations disclosing ingredients used in the manufacturing and processing of their products.
• Emergency Rule to Ban Flavored Vapor Products: Request that the State Board of Health use its emergency rulemaking authority to impose a ban on all flavored vapor products, including flavored THC vapor products, at the Board’s next meeting on October 9.
• Immediately Ban Identified Causes of Outbreak: Once the sources or causes of this vaping-related lung injury outbreak are identified, take immediate action to ban products containing those identified sources from sale, and work with other agencies and local partners to remove those products from retail stores to the extent those harmful products can be identified.
According to the Executive Order, “Legislation: In collaboration with the Liquor and Cannabis Board, and other agencies as appropriate, develop 2020 Governor-request legislative proposals to, at a minimum:
• Ban all flavored vapor products, including those containing nicotine or THC, and take any other actions that deter youth access to and initiation of these products.
• Disclose ingredients in vapor products to consumers to the extent permitted by federal law and increase regulatory oversight of vapor products.
• Expand the educational campaign focused on the significant health impacts from vaping nicotine and THC.
• Limit bulk sales at retail stores.
• Clarify and expand the Department of Health’s authority to take action when a harm or risk to public health is present but the specific cause is unknown.
• Seek funding to increase oversight and enforcement, including enforcement related to illicit markets.
At this time it is unclear how the proposed ban will impact online sales of vaping related products.
WHAT DOES THE BAN MEAN TO CONSUMERS?
At this time it is unclear how the proposed ban will impact consumers. It is unclear if a ban will include all flavored e-cigarette products or if exceptions will be made for tobacco or menthol flavors.
FREQUENTLY ASKED QUESTIONS
If I am an adult can I still vape?
Yes. Adults can still vape until the ban effective date of Oct 10. It is unclear what products will be available after that date.
How long will the ban be in effect?
120 days, with the potential to be renewed.
Can I still buy any vaping products?
Yes. Adults can still buy vaping related products until the ban effective date of Oct 10. It is unclear what products will be available after that date.
Can I still sell any vaping products?
Yes. Retailers can still sell vaping related products until the ban effective date of Oct 10. It is unclear what products can be sold after that date.
As the vaping industry tries to adapt to keep up with the changing laws and regulations, our goal at Liquid Barn is to help vapors and businesses in the vaping industry better understand the current landscape and options available to them. All information quoted in this document is provided directly from the Office of the Governor website and is subject to change at any time. Please visit www.governor.wa.gov for more information.
ABOUT LIQUID BARN
Liquid Barn™ is a top-tier manufacturer, online retailer, and wholesale supplier of eLiquid compounds and accessories. We specialize in providing BASE, our FDA compliant unflavored vape juice consisting of only propylene glycol, vegetable glycerin, and optional nicotine. Giving vapors the control to add their choice of FDA compliant flavors and sweeteners as desired. As leaders in e‑cigarette technology and safety, we proudly source our ingredients from the most reputable sources available on the market, while continuing to adapt to consumer needs and FDA regulations.