A new report has uncovered a concerning trend: online vape sellers are failing to adhere to regulations designed to prevent children from accessing their products. Researchers found that e-cigarette retailers are consistently disregarding laws aimed at age verification, shipping methods, and flavor restrictions, putting young people at risk. This investigation sheds light on the urgent need for greater oversight and enforcement to safeguard the health and well-being of our youth.

Exposing the Vape Loophole: Online Retailers Skirting the Rules

Undercover Investigation Reveals Widespread Noncompliance

The study, conducted by researchers in the County of San Diego, California, involved 16 individuals attempting to purchase flavored vape products online and have them delivered to their homes. The findings were alarming: out of 156 attempted transactions, a staggering 73% were processed, and 67% were successfully delivered. Alarmingly, only 1% of buyers had their IDs scanned, and more than three-quarters (78%) reported no interaction with delivery personnel whatsoever.

Loopholes in Legislation Leave Gaps for Online Sales

The report highlights the challenges posed by the ambiguity in current laws and regulations. While some states and localities have introduced restrictions on the sale of flavored tobacco products, including e-cigarettes, these measures often fail to address the e-commerce landscape. For example, the 2022 California Senate Bill (SB) 793, which prohibited the sale of flavored tobacco products, left the regulations on online sales unclear.

Federal Law Ignored: Preventing Online Sales to Minors

The online purchases documented in the study also violated the Preventing Online Sales of E-Cigarettes to Children Act, a federal law that prohibits the use of the United States Postal Service (USPS) to ship vaping products and requires age verification and ID scanning upon delivery. However, the researchers found that these requirements were routinely disregarded by the online retailers.

Lack of Oversight and Enforcement Enables Continued Noncompliance

According to the study's lead author, Dr. Eric Leas, the lack of a comprehensive system to monitor and enforce compliance among online retailers is a significant contributing factor to the problem. "There are longstanding surveillance systems in place that help implement laws at brick-and-mortar stores, but we do not have a system in place for online retailers," he explained.

Shifting Consumer Behavior Exacerbates the Issue

The researchers also noted that the implementation of flavor restrictions has led to a surge in online shopping queries for both cigarettes and vape products. A 2023 study published in the journal Tobacco Control found that following the implementation of SB-793 in California, online shopping queries for cigarettes increased by 194%, and for vape products, the increase was 162%.

Strengthening Oversight and Enforcement: A Necessary Step

In response to the findings, California lawmakers have recently approved SB-1230, which aims to strengthen the state's tobacco oversight programs, including the monitoring of online sales of flavored tobacco products. The law is set to come into effect on January 1, 2025, marking a crucial step in addressing the vape loophole.

Pioneering a Surveillance System for Online Compliance

Dr. Leas believes that the research conducted in this study can serve as a model for local health departments to establish routine surveillance systems to monitor the implementation of public health laws designed to reduce the sale of tobacco products to minors. "This research is piloting a system for monitoring online compliance that local health departments could mimic as a routine surveillance system to strengthen the implementation of public health laws," he stated.The findings of this report underscore the urgent need for policymakers, regulators, and public health authorities to close the vape loophole and ensure that online retailers are held accountable for their actions. By strengthening oversight, enforcement, and surveillance systems, we can protect our youth from the harmful effects of vaping and uphold the integrity of laws designed to safeguard their well-being.