Concerns over vaping health dangers and reports of seizures and lung disease have led Massachusetts to ban the sale of flavored vape and tobacco products, including menthol cigarettes, cigars, and pipe and chewing tobacco. The bill, titled “An Act Modernizing Tobacco Control,” was signed by Governor Charles Baker on Nov. 27, 2019, and takes effect on June 1, 2020. Until then, as part of an attempt to discourage the use of e-cigarettes, the state will impose a 75 percent excise tax on the sales of all vape products, while giving public health officials new powers of regulation.

Although several other states have enacted temporary bans or restrictions on e-cigarette sales, thus far Massachusetts is the first to make such a ban permanent.

Vaping Health Dangers Were Apparent Early On

Touted as a “healthy” alternative to cigarettes as well as an effective smoking cessation device, the dangers of vaping became apparent soon after they arrived on the market. The first of these was nicotine toxicity, which can result in seizures. Although electronic cigarettes do not contain tar, they deliver nicotine in prodigious amounts – far more effectively than combustible tobacco. In April, the FDA issued a safety announcement, reporting 35 cases of seizures between 2010 and 2019 in which nicotine toxicity due to e-cigarette use was identified as the cause. Because reporting is voluntary, it is believed that many more cases have gone unreported.

A Mysterious Lung Disease

Earlier this year, a serious respiratory condition began appearing among people vaping nicotine and cannabis-based e-cigarette products. According to pulmonologists who have examined the lungs of these patients, the effects of the disease resemble industrial injuries suffered by workers who are exposed to toxic chemical fumes. Dubbed “E-cigarette and Vape Associated Lung Illness,” or EVALI, this condition literally destroys the lungs; as of November 5, over 2,000 cases were reported, along with nearly 40 fatalities in 24 states.

The Causes

While the cause of nicotine-related seizures is abundantly clear, the reason for these vaping health effects on the lungs is not altogether clear. Vape oils, particularly flavored ones, contain a number of chemicals that by themselves and at room temperature, are fairly innocuous. In combination and heated, however, they can undergo chemical reactions that produce highly toxic fumes.

In addition, doctors have discovered that some homemade cannabis vape oil contains vitamin E acetate, which, when inhaled, coats the inner surfaces of the lungs with an incredibly sticky substance that impairs respiratory function. However, this has not been found in the lungs of patients who used only nicotine vape or legal commercial cannabis products.

Meanwhile, in the Bay State…

The new law banning flavored vape and tobacco products, which passed in the Massachusetts legislature by an overwhelming majority, was greeted enthusiastically by anti-smoking organizations and activists. The money collected through 30 percent of the excise tax on vape and tobacco products, as well as revenues from fines levied on violators, will go toward the state’s Community Behavioral Health Promotion Trust Fund, which, among other things, pays for substance abuse prevention programs.

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This article is not legal advice. It is presented 
for informational purposes only.