 
 
 
 
EXECUTIVE ORDER 19 -03 
ADDRESSING THE VAPING USE PUBLIC HEALTH CRISIS  
 
 
WHEREAS , it is the policy of the s tate of Washington to support the health, safety, and 
well-being of all Washingtonians; and  
 
WHEREAS,  vaping devices —also known as e -cigarettes, JUULs or vape pens —and the 
vape juices and/or cartridges used with them (hereafter referred to, collectively, as “vapor 
products”), can contain nicotine, tetrahydrocannabinol (THC) and/or other substances, like 
flavoring or chemicals; and  
 
WHEREAS,  vapor products containing nicotine are the most commonly used nicotine 
products in Washington among youth; and  
 
WHERE AS, notwithstanding state law prohibiting the sale or distribution of vapor 
products to minors, the 2018 Washington State Healthy Youth Survey reported that vapor 
product use increased dramatically among 8th, 10th, and 12th grade students between 2016 
and 2018. Specifically, use of vapor products among 12th grade students increased from 
20% in 2016 to nearly 30% in 2018; and 
 
WHEREAS , preliminary results from the 2019 National Youth Tobacco Survey reported 
more than one in four high- school students use vapor products with an overwhelming 
majority reporting use of fruit, menthol, or mint flavors; and 
 
WHEREAS,  the appeal of flavored nicotine vapor products, as well as advertising and 
promotional activities targeted at youth, are contributing to the dramatic increase in youth 
vaping; and  
 
WHEREAS,  there are no manufacturing standards for non -THC vapor products, and some 
vapor  products are sold as open containers, which allows for the addition of a broad range 
of substances to the vapor products without regulatory oversight or full user knowledge 
about the content or impact of the substances being consumed; and  
 
WHEREAS,  consumers who vape can choose from over 8,000 e -liquid flavors to use with 
their vaping devices. Some of those flavors can damage lung cells and may play a role in 
addiction; and 2 
  
WHEREAS,  in 2019, an outbreak of a lung injury emerged in previously  healthy 
individuals who had recently vaped THC and/or nicotine vapor products, and the cause of 
this injury is not yet known; and 
 
WHEREAS,  as of September 26, 2019, over 800 cases of this vaping -related lung injury 
have been reported nationwide —with seven cases reported in Washington State —and 
including 12 deaths around the country. The number of known cases of this injury is 
expected to grow; and  
 
WHEREAS , roughly 67 percent of the cases of this vaping -related lung injury were 
reported in 18 to 34 year olds and 16 percent of the cases involved individuals under 18 
years of age; and  
 
WHEREAS,  both the U.S. Food and Drug Administration (FDA)  and the U.S. Centers for 
Disease Control and Prevention (CDC) have expressed concern at this nationwide outbreak 
and have initiated investigations into this complex health emergency, including testing of a 
broad range of vapor products and an investigation into the supply chain of vapor products. 
The CDC has not yet determined the specific cause of this outbreak and has recently 
advised consumers to consider refraining from vaping pending the outcome of their 
investigation; and  
 
WHEREAS , the FDA has announced that e -cigarette use among youth has reached 
epidemic proportions and that this epidemic presents a clear and pres ent danger;  
 
WHEREAS , no one substance has been identified as the cause of these vaping -related 
lung injuries; and  
 
WHEREAS , even if/when the specific ingredient(s) or compound(s) causing this vaping -
related lung injury were to be identified, the state ha s no viable means to identify which 
vapor products for sale in Washington contain the injury -inducing substance(s) so that 
these products can be quickly removed from the marketplace; and  
 
WHEREAS , Washingtonians suffering from this vaping -related lung injury have 
experienced severe harm to their health; and  
 
WHEREAS , in the absence of one or more known, specific harmful substances in this 
vapor -product health emergency, and in the absence of the ability to fully isolate and 
remove those harmful substances once they are identified, it is imperative that the state 
respond in a comprehensive and evidence -based manner to address this public health crisis. 
 
NOW THEREFORE, I,  Jay Inslee, Governor of the state of Washington, by virtue of the 
power vested in me by t he Constitution and statutes of the state of Washington do hereby 
order and direct as follows:  3 
 Washington State Department of Health : 
• Emergency Rule to Ban Flavor ed Vapor Product s:  Request that the State Board of 
Health use its emergency rulemaking authority to impose a ban on all flavored vapor 
products, including flavored THC vapor products, at the Board’s next meeting on 
October 9.    
• Immediately Ban Identified Causes of Outbre ak:  Once the sources or causes of this 
vaping -related lung injury outbreak are identified, take immediate action to ban 
products containing those identified sources from sale, and work with other agencies 
and local partners to remove those products from r etail stores  to the extent those 
harmful products can be identified. 
• Consumer Warnings :  Develop a warning sign regarding the health risks of vaping. 
Request that all local health officers in Washington require the posting of these 
warning signs at all lic ensed retailers of non -THC vapor products.  
• Ingredient Disclosure :  Develop a plan to require manufacturers of non -THC vapor 
products to disclose all compounds (including ingredients, solvents, additives, etc.) 
used in the production and processing of their  vapor products, as well as the sources of 
all vapor products. Incorporate this plan into a legislative proposal for 2020. 
• Provider Reporting :  Encourage health care providers to report all suspected cases of 
this severe vaping -related lung injury to their  local health department.  
• Education Campaign:  Redirect available cannabis education program funds for a 
vaping awareness campaign, to include digital and social media messaging focused on 
youth, young adults, and parents.  
• Legislation :  In collaboration wi th the Liquor and Cannabis Board, and other agencies 
as appropriate, develop 2020 Governor -request legislative proposals to, at a minimum:  
o Ban all flavored vapor products, including those containing nicotine or THC, and 
take any other actions that deter yo uth access to and initiation of these products;  
o Disclose ingredients in vapor products to consumers to the extent permitted by 
federal law;  
o Increase regulatory oversight of vapor products;  
o Expand the educational campaign focused on the significant health i mpacts from 
vaping nicotine and THC;  
o Limit bulk sales at retail stores; 
o Clarify and expand the Department of Health’s authority to take action when a 
harm or risk to public health is present but the specific cause is unknown; and, 
o Seek funding to increase oversight and enforcement, including enforcement related 
to illicit markets.  
 
Washington State Liquor and Cannabis Board : 
• Immediately Ban Identified Causes of Outbreak :  Once the sources or causes of this 
vaping -related lung injury outbreak are identified,  take immediate action to ban 
products containing those identified sources from sale, and work with other agencies 
and local partners to remove th ose products from retail stores.  4 
 • Consumer Warnings :  Require the posting of warning signs regarding the health risks 
of vaping at retailers where vapor products containing THC are sold.  
• Ingredient Disclosure :  Require manufacturers of THC vapor products to disclose all 
compounds (including ingredients, solvents, additives, etc.) used in the production and 
processi ng as well as the sources of all vapor products. 
 
This Executive Order shall take effect immediately.  
 
Signed and sealed with the official seal of the state of Washington, on this 27th day of 
September , 2019, at  Seattle, Washington. 
 
 By: 
 
 
 /s/ 
 Jay Inslee  
Governor  
 
 
 
 
 
 
 
 
 
BY THE GOVERNOR:  
 
  
/s/  
Secretary of State   
 