PRESS RELEASE
Governor Andrew M. Cuomo today directed the New York State
Department of Health to take a series of measures to address two emerging
public health crises: the increasing number of cases of vaping-associated
respiratory illnesses and the increasing number of youth that are using vape
products and developing lifelong nicotine addictions. The Governor directed the
Department of Health to issue subpoenas to companies marketing and selling
"thickening agents" used in black market vaping products and to issue
emergency regulations mandating that warning signs must be posted in all vape
and smoke shops in New York State. Additionally, the Governor announced that he
will advance new legislation to ban flavored e-cigarettes.
Governor Cuomo ordered the Department of Health to issue
subpoenas to three companies that the Department has identified as marketing
thickening agents to companies that manufacture vape liquids. These thickeners
are being marketed and readily available on the internet as a cheaper, safer
alternative that does not negatively impact flavoring or odor of existing
products and can be used to cut vape products to any level of THC. The
Department is ordering them to provide additional information to aid its
investigation of this public health crisis. The Wadsworth Center has obtained
samples of thickeners from these three companies and determined that they are
nearly pure vitamin E acetate oil. The companies being served with this
subpoena and their product names are: Honey Cut Diluting Agent by Honey Cut
Labs LLC in Santa Monica, California; Uber Thick by Floraplex Terpenes in
Ypsilanti, Michigan, and Pure Diluent by Mass Terpenes in Amherst,
Massachusetts. These three companies are the first to be subpoenaed, but more
companies are likely to be ordered to provide samples as the investigation
continues.
While the investigation is still ongoing, laboratory results
have shown very high levels of vitamin E acetate in nearly all
cannabis-containing samples analyzed by the Wadsworth Center. Vitamin E acetate
is a commonly available nutritional supplement that is not known to cause harm
when ingested as a vitamin supplement or applied to the skin. However, the
Department continues to investigate its health effects when inhaled because its
oil-like properties could be associated with the observed respiratory symptoms.
In addition, Governor Cuomo directed the Department of
Health to issue emergency regulations, subject to approval by the Public Health
and Health Planning Council (PHHPC), to require entities in New York State that
sell vaping products to post signage on the dangers of vaping. The Department
is also launching a public service campaign to further educate the public on
the numerous risks involved with vaping.
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.