On November 14, the Centers for Disease Control and Prevention (CDC) released a report identifying vitamin E acetate, sometimes used as a thickening agent in vaping products, as the likely culprit in the recent vaping outbreak. As of November 13th, the CDC identified 2,172 cases of vaping product associated lung injury in 49 states with 42 deaths in 24 states. This finding aligns with the recent release of Colorado’s Marijuana Enforcement Division’s (MED) proposed combined medical and recreational marijuana rules which are set to take effect on January 1, 2020. In its current version, section 3-335(L) prohibits vitamin E acetate from use in medical or retail marijuana products in Colorado. On November 18, the MED released industry-wide bulletin 19-07 which further expanded the ingredient restrictions, created new labeling requirements for vaporizers and pressurized metered dose inhalers, and called for the immediate cessation of vaporizers containing vitamin E acetate.
All this amounts to a reminder to only purchase and use vaping products from a regulated source. Illicit market or unregulated devices can lead to unintended consequences including health risks as some vendors cut corners. We at McAllister Garfield understand how difficult it can be to compete in the cannabis space when illicit market sales effect the reputation of the legal industry trying to provide a great product to consumers. If you have any questions about the proposed MED rules, industry bulletin 19-07, or need advice on how to navigate the negative atmosphere around vaping, please contact us.