Deadline: Oct. 2 Last Day to Give Comments on Vitamin E Acetate Rule

The Board is considering permanently adopting a rule prohibiting the sale of vapor products containing vitamin E acetate. We are accepting formal comments on the draft rule until October 2. A rules hearing will be held at our online public meeting Oct. 13.

The Board has authority to adopt rules for the prevention and control of infectious and noninfectious diseases. Members adopted an initial emergency rule to prohibit the inclusion of vitamin E acetate in vapor products and created a new section (WAC 246-80-021) in November 2019 in response to Gov. Inslee’s executive order addressing the vaping use public health crisis. The emergency rule was in effect for 120 days. The Board adopted a second emergency rule to ban vitamin E acetate at their meeting in March 2020 and a third emergency rule at their meeting in June 2020. Data regarding lung injury have been updated, while the regulatory requirements in the new emergency rule mirror the first emergency rule. The third emergency rule is effective for 120 days. It was effective starting July 17 and will expire on November 14.

More information is available on the Prohibition - Vitamin E Acetate rulemaking web page and the June 10 public meeting web page.

We work so that the health and safety of all people in Washington will improve. Established by the state constitution in 1889, the State Board of Health has served the people of Washington for 131 years, providing leadership and advancing public health practices that protect and improve the public’s health. Our work focuses on analyzing policies, developing rules, promoting partnerships, and encouraging public engagement in the public health system.