Cuomo Cracks Down On Vaping Industry Amid Dozens Of Illnesses

MINEOLA, NY — After state health officials announced they received dozens of vaping-related lung illness cases, Gov. Andrew Cuomo is cracking down on the e-cigarette industry and offering simple advice: don't do it.

As Patch reported last week, two teens were hospitalized on Long Island over the summer with mysterious vaping-related illnesses that have sickened hundreds nationwide and 41 in New York. On Long Island, an 18-year-old and 19-year-old were treated at NYU Winthrop Hospital in Mineola, with the younger teen placed into a medically-induced coma and the older teen suffering from nodes covering both lungs.

"Those are like little tumors," a spokeswoman for the hospital said in a phone interview last week.

While federal health officials haven't identified any specific substance or e-cigarette product linked to all cases, many patients reported using e-cigarette products with liquids that contain cannabinoid products, such as tetrahydrocannabinol, or THC.

In New York, high levels of vitamin E acetate were found in nearly all cannabis-containing samples, health officials said. Vitamin E acetate is not an approved additive for vape products authorized by the state's medical marijuana program, and it was not found in the nicotine-based products. Investigators are now focusing on the acetate as a potential cause to the mysterious lung illnesses.

On Monday, Cuomo, a Democrat, ordered the state Department of Health to subpoena three out-of-state companies that market and sell so-called "thickening agents" used in black market vaping products. The thickeners are marketed and readily available on the internet as a cheap, safe alternative that won't adversely affect flavor or smell of existing products. They're also billed as being able to cut vape products to any level of THC.

Health officials have obtained samples of thickeners from the three firms and determined they are nearly pure vitamin E acetate oil. The companies served with the subpoena are:

• Honey Cut Diluting Agent by Honey Cut Labs LLC in Santa Monica, California
• Uber Thick by Floraplex Terpenes in Ypsilanti, Michigan
• Pure Diluent by Mass Terpenes in Amherst, Massachusetts

More companies will also likely be ordered to provide samples, Cuomo's office said.

The governor also directed state health officials to issue emergency regulations mandating that warning signs be posted in all vape and smoke shops throughout the state. The health department will also launch a public service campaign to teach about the risks involved with vaping.

The moves are meant to address two emerging public health crises, his office said in a news release: the rising number of vaping-related breathing illnesses and the rising number of kids who are using vape products, and subsequently developing lifelong nicotine addictions.

Nearly 40 percent of 12th graders and 27 percent of all high-schoolers in the state use e-cigarettes, according to data obtained by the state health department. In 2014, just 10.5 percent of high-schoolers said they vaped.

Flavoring e-liquids with mint chocolate, bubblegum and cherry cola is a key marketing tactic geared towards attracting kids and is largely behind the increase, Cuomo's office said. Studies show nearly 78 percent of high school students — and 75 percent of middle school students — indicated they were exposed to pro-tobacco marketing in 2016.

"Common sense says if you do not know what you are smoking, don't smoke it, and right now we don't know what you are smoking in a lot of these vaping substances," Cuomo said. "The rise in vaping-associated illnesses is a frightening public health phenomenon and I am directing the Department of Health to take several actions to address this crisis, including starting an investigation into some of these companies that produce vaping substances to find out what's in it and requiring that smoke and vape shops post a warning that lets people know that this is a risky activity."

Cuomo also announced he will propose new legislation to ban flavored e-cigarettes, but issued a warning to those thinking of using flavored e-cigarettes: "Don't do it because we don't know if it's safe."

Finally, the Governor said he will advance legislation to prohibit the possession, manufacture, distribution, sale or offer for sale of flavored electronic liquids to discourage electronic cigarette use in New York State.

Dr. Howard Zucker, commissioner of the state health department, praised Cuomo for his actions.

"The current outbreak of vaping-associated illnesses and the increasing number of young people using vape products and developing lifelong addictions are two serious public health crises," he said. "I applaud Governor Cuomo for taking swift and aggressive action to crack down on those seeking to profit at the expense of people's health."

The moves come after the health department advised New Yorkers to stop vaping while the investigation continues.