Online e-cigarettes and vapes retailers under fire for not complying with sales restrictions.
Regulations are in place to prevent the sale of vape products to minors, including age verification, shipping methods and flavor restrictions.
Researchers at the Herbert Wertheim School of Public Health and Human Longevity Science at the University of California San Diego tested these regulations.
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The study, published in JAMA last week, suggests that some retailers are not following these guidelines.
Of the 156 trial transactions in this study, 73% were processed and 67% of orders were shipped. (iStock)
Researchers asked 16 people to buy flavored vapes online and have them delivered to their homes San Diego County.
Out of 156 attempted transactions, 73% were processed and 67% of orders were shipped.
Restrictions on the sale of flavored cigarettes have been implemented in eight US states and 392 cities or counties as of March 21, 2024, according to UC San Diego.
“These results show that it is very easy to buy flavored vaping products online, even in restricted areas.”
Some restrictions on online transactions are “ambiguous,” he said, including in states like California.
Eight buyers in the study were from the city of San Diego, where there is an ordinance restricting the sale of flavored tobacco products, as noted in the press release.
Failure to comply
The purchases made in the study violated flavor restrictions as well as the Prevention of Online Sales of E-Cigarettes to Children Act.
The action is 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,” UC San Diego said.
The study showed that only 1% of buyers had their ID scanned and 81% of shipments were made via USPS.
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No interaction was reported with delivery personnel for 78% of buyers, while 15% spoke with delivery personnel but did not check their ID.
Eric Leas, Ph.D., lead author of the study and assistant professor at the Herbert Wertheim School of Public Health and Human Longevity Science, discussed the findings in a conversation with Fox News Digital.
There are regulations designed to prevent online sales of vape products to minors. (iStock)
“These results show that it is very easy to buy flavored vaping products online, even in restricted areas,” he said.
“They also suggest that, most retailers ignore federal and state laws regarding shipping and age verification requirements.”
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Leas warns that this is “mainly a problem for efforts to limit it teenage vaping.”
To prevent these sales from cracking, Leas recommends conducting regular inspections to “monitor and enforce compliance among online retailers.”
A study in 2023 found that online shopping inquiries for vape products were 162% higher than expected. (iStock)
Online e-cigarette sales are “the largest and fastest growing sector of the tobacco (industry),” Leas noted in a press release.
This is according to the Leas 2023 study published in Tobacco Control, which found that online shopping inquiries for cigarettes were 194% higher than expected, and 162% higher than expected for vape products.
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“We need to evaluate the tobacco retail policy and ensure that it covers eCommerce, and monitor the market to improve its implementation,” he said.
In response to the Tobacco Control study, California lawmakers recently approved SB-1230 to strengthen the state’s tobacco control program. The law is expected to take effect on January 1, 2025, the release said.
‘Not a new problem’
Micah Berman, an attorney who is a member of the Cancer Control Research Program at The Ohio State University Comprehensive Cancer Center, told Fox News Digital that “this is not a new problem.”
“The Tobacco Control Act requires the FDA to issue regulations to address distance sales (including online sales) within 18 months of the law,” he said.
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“Nearly 14 years after that deadline passed, the FDA still hasn’t issued the rule.”
This study shows that communities nationwide have local laws “undermined by easy access to online e-cigarettes and other tobacco products,” Berman added.
Online sellers of e-cigarettes not complying with regulations “is not a new problem,” according to lawyers familiar with the issue. (iStock)
“It is not feasible for local governments to regulate online sales,” he said. “To make progress on this issue, the FDA must fulfill its obligation to issue regulations, and must be more aggressive in its efforts to block illegal online sales.”
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The US Food & Drug Administration (FDA) confirmed to Fox News Digital that the agency is reviewing the study’s findings.
Fox News Digital reached out to several online vape sellers seeking comment.
