May 11, 2020 Business of Law

The Vaping Market Is Igniting

The recent outbreak of vaping-related illnesses is sure to ignite litigation

By Daniel S. Wittenberg

The multibillion-dollar vaping market has taken a hit. The recent outbreak of vaping-related illnesses is sure to ignite litigation. The Centers for Disease Control (CDC) promptly initiated an investigation preliminarily identifying an additive ingredient associated with products containing tetrahydrocannabinol (THC) as a common thread.

The CDC identified an additive ingredient linking vaping-related illnesses

The CDC identified an additive ingredient linking vaping-related illnesses

Zeferli via iStock | Getty Images Plus

The reaction by states to ban vaping products in response to the issue was swift. Additionally, the deadline for e-cigarette market approval submissions to the Food and Drug Administration (FDA) was recently moved up by two years. Vaping products are at the center of a storm, and lawyers are busy.

Vaping 101

Vaping is the act of inhaling aerosolized liquid from an electronic battery-powered device. Electronic cigarettes—or e-cigarettes—are also called vapes, e-hookahs, vape pens, and electronic nicotine delivery systems (ENDS). ENDS are noncombustible tobacco products. The liquid in vaping products can contain nicotine, THC, cannabinoid (CBD) oils, and additives like propylene glycol, vegetable glycerin, and varying compositions of flavorings. THC is the psychoactive compound of marijuana that produces the “high.”

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