The sale of vaping products to minors through online retailers is a growing concern, as a recent study conducted by researchers at the Herbert Wertheim School of Public Health and Human Longevity Science at the University of California San Diego has revealed. The study, published in JAMA, focused on the adherence of online e-cigarette retailers to laws aimed at preventing the sale of vaping products to minors, including regulations on age verification, shipping methods, and flavor restrictions.
The researchers recruited 16 individuals to attempt purchasing flavored vape products online and have them delivered to their homes in San Diego County. Out of 156 attempted transactions, 73% were processed, and 67% were delivered. Despite the enactment of sale restrictions on flavored tobacco in eight U.S. states and 392 cities or counties, some of these regulations do not cover e-commerce. For example, the California Senate Bill (SB) 793 prohibited the sale of flavored tobacco products but left e-commerce restrictions ambiguous.
The study aimed to test the differences in compliance with local tobacco e-commerce ordinances in the City of San Diego, where an ordinance restricts the sale of flavored tobacco products, and other communities in San Diego County without such restrictions. Surprisingly, delivery did not differ significantly between buyers in these two jurisdictions. In addition to violations of flavor restrictions, the online purchases also violated the Preventing Online Sales of E-Cigarettes to Children Act, a federal law prohibiting the use of the United States Postal Service (USPS) to ship vaping products and requiring age verification and scanning identification upon delivery.
Dr. Eric Leas, an assistant professor at the Herbert Wertheim School of Public Health and Human Longevity Science, emphasized the need for greater oversight and enforcement of online tobacco retailers. Key findings from the study include the fact that only 1% of buyers had their IDs scanned, 81% of deliveries were made via USPS, and 78% of buyers reported no interaction with delivery personnel.
To address the issue of non-compliance with regulations, California lawmakers recently approved SB-1230, which aims to strengthen state tobacco oversight programs, including online sales of flavored tobacco products. The law, set to go into effect on January 1, 2025, was influenced by Dr. Leas’ previous research on the subject. The study also suggests the implementation of routine surveillance systems by local health departments to monitor online compliance and strengthen the implementation of public health laws designed to reduce the sale of tobacco products to minors.
Co-authors of the study include researchers from UC San Diego, California State University San Marcos, and Stanford University. For more information on the study, you can refer to the article published in JAMA with DOI: 10.1001/jama.2024.21597.
As the sale of e-cigarettes online continues to grow rapidly, it is crucial to ensure that retailers comply with regulations to protect minors from accessing these products. The findings of this study highlight the importance of monitoring and enforcing laws related to online tobacco sales to safeguard public health.
