Does the Cloud of Vaping-Related Injuries Portend a Storm of Litigation? – Cannabis Industry Alert

By J. Mark Adams Jr., Whitt Steineker and Alexander Thrasher | October 15, 2019

  • October 15, 2019 at 6:34 am
    Po(l)arch Exposes ZuCNN Bear says:
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    Obviously, the vaping industry will point their fingers at THC-enhanced vaping products. But why would they do so carelessly or maliciously without any supporting evidence?

    Excerpt:
    ” Similarly, because many e-cigarette and vape manufacturers have placed the blame on THC-containing products, the cannabis industry can expect a rash of lawsuits as well. ”

    Similarly, other entities have alleged/indicated blame may fall upon the THC vendors for supplying a(n inherently?) dangerous product as a supplement to basic vaping products.

    ” According to the CDC, as of October 1, 2019, more than 1,080 cases of unidentified lung illness and 18 deaths have been linked to vaping. Many news reports speculate that the use of THC oil is at least partly to blame, and early last month the U.S. Food and Drug Administration issued a MedWatch Safety Alert to consumers warning against the continued used of THC-containing vaping products. ”

    ….. But, who are we to judge the impacts of THC based upon these ‘alleged experts’? After all, we don’t trust alleged self-proclaimed Global Climate Scientists to opine on man-made climate change, do we? …..oh, wait! The manufacturers may well have a self-preservation motive, but the CDC and FDA are impartial… (aren’t they?). The only true test of bias / impartiality is to see if the CDC and FDA have invested any money in vaping product stocks or have any lucrative deals with such firms.

  • October 15, 2019 at 9:28 am
    Captain Planet says:
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    For those of us who don’t like Fox News-esque editing to support point, let’s look at the full context:

    According to the FDA, many samples tested by both states and the Administration contained THC and Vitamin E acetate, a substance used in topical consumer products but on which there is limited data on its effects after inhalation. Although the FDA pointed out that more information is needed to understand the relationship between specific products and the reported illnesses, the FDA urged consumers to “avoid buying vaping products on the street” and “to refrain from using THC oil or modifying/adding any substances to product purchased in stores.” In its October 4 consumer update, the FDA further explained that, “No one substance has been identified in all of the samples tested. Importantly, identifying any compounds that are present in the samples will be one piece of the puzzle but will not necessarily answer questions about what is causing these illnesses.”

    The CDC knows, as does all of history, it is impossible to die from ingesting THC alone. This is why they are saying to stay away from the oils because there are compounds, such as vitamin E acetate (as well as hydrogen cyanide in some cases) that are causing these illnesses and deaths. They don’t say anything about vaping flowers alone with vaping paraphernalia. Why is that? Hmm, must have something to do with what is being added to that oil solution, huh?

    • October 15, 2019 at 11:45 am
      Craig Cornell says:
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      Sounds all wonderful for the legal pot industry, protected by tough regulators.

      Oh, wait! In California vitamin E acetate has been allowed in legal vaping products that included THC. The State neither tested for it nor banned it.

      So, let’s follow the trail: Pot Fans wanted legal pot, told us it would be “safer” and then did nothing to protect the public against what Kangaroo now says was an obvious contaminant: vitamin E acetate.

      And with that logic, we should believe Kangaroo that Pot Fans know that weed is safe. Because the regulators are tough. They care about the public. They are going to shut down the black market soon.

      Nothing to see, folks. Keep on moving. THC is still cool and safe and fun. . .

      • October 15, 2019 at 11:47 am
        Craig Cornell says:
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        P.S. More Kangaroo logic: “you can’t ingest enough THC to kill you so it’s safe.”

        Newsflash Kangaroo: many people badly hurt by this aren’t dead. So I guess it’s all cool with you.

        • October 15, 2019 at 12:02 pm
          Captain Planet says:
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          It is well documented on countless forums out here I have never said MJ is safe. I’ve gone further and stated there is NO SAFE INTOXICANT. By the simple fact it impairs, it is not safe. That’s called common sense. If one chooses to become intoxicated by any substance, he or she is putting himself/herself in potential for harm. DUH!

          Cool, safe, and fun? For some people, it is fun, I guess. Like having a couple drinks after a hard day’s work. Cool? That’s relative, I guess. Safe? Not really. I mean, it can be ingested responsibly in moderation but that doesn’t necessarily make it safe. Here’s one thing for certain, though – it isn’t going away and it will be federally legal in a decade or less.

          Also, never did I say anything about vit E acetate being an obvious contaminant. It has only recently been discovered. I think there are other substances in the solutions we should be aware of as well, like hydrogen cyanide. I’m sure there are other compounds we will learn about as well. Why are you out here misleading people with comments I never made? Try honesty for a change.

          • October 15, 2019 at 12:11 pm
            Craig Cornell says:
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            “The CDC knows, as does all of history, it is impossible to die from ingesting THC alone.”

            Verbatim Kangaroo Comment. Logic Please.

          • October 15, 2019 at 12:32 pm
            Captain Planet says:
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            One cannot overdose to the point of death on THC alone. I raise this point because there are those spreading misinformation out here about what is causing deaths from e-cigs. 29% of cases are coming from nicotine-only e-cigs. These are facts and I hope they help. Don’t mistake that for me saying that any intoxicant, including MJ, is safe. How can you even make that leap? Logic, please.

          • October 15, 2019 at 12:49 pm
            Jon says:
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            Why is Craig still trying to argue that Marijuana is the issue? It’s not marijuana that’s a danger to the public, it’s black market vaping cartridges which are both in THC and NON THC varieties. Craig, your quest to spread misinformation about Marijuana keeps hitting the wall because you are making false claims and drawing conclusions that don’t exist. Which one of us is the pothead here, since you keep making blatantly false claims on every single one of these boards even after being refuted on every single one of these boards? It’s getting old shutting you down for the same nonsense claims over and over.

    • October 24, 2019 at 10:57 am
      PolarBeaRepeal says:
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      @Capt Platitude; if you continue to associate logical constructs and focused excerpts from articles with Fox News, you are merely showing your inability to debate the salient points of an issue.

      Thanks for making your intention known in the first sentence of your comment.

      Many deaths can occur for many reasons. Pointing to ONE or more deaths due to non-THC substances does not imply THC is harmless. But, continue down your “back road of ignorance and false logic” if it gives you solace.

  • October 15, 2019 at 10:31 am
    Smooth says:
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    With the current opioid lawsuits, you know there are law firms on standby waiting to jump into the fray and get some sort of class action suit going. My guess is they will say the vaping industry targeted underage teenagers without explaining the risks properly. Would that be a product liability claim? I’m not certain what it would fall under, but I definitely expect some massive lawsuits to be forthcoming.

    • October 15, 2019 at 10:54 am
      Captain Planet says:
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      I agree, Smooth. A cat 5 legal hurricane is coming for the oil-based vaping industry. In its aftermath, I expect the industry to go back to the drawing board, determining how they can revise their product and make it “safer” for their users. What can they substitute the vit E acetate with? Will the MJ industry go back to flowers only? Or, will states with MJ legalized adopt surgeon general type warnings on all oil-based vaping products? Articles like this one have only begun. It will be interesting to watch what happens going forward.

  • October 15, 2019 at 1:22 pm
    Jack says:
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    Smoke at your own risk…simple as that.

    • October 16, 2019 at 1:30 pm
      Fair Playing Field says:
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      Bingo. Lungs are for respiration; taking in oxygen and expelling carbon dioxide. Use/abuse them for recreation at your own peril.



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