Online e-cigarette and vape retailers have come under fire for not adhering to sales restrictions.
Regulations such as age verification, delivery methods, and flavor restrictions are in place to prevent the sale of e-cigarette products to minors.
Researchers at the Herbert Wertheim School of Public Health and Human Geriatric Sciences at the University of California, San Diego put these regulations to the test.
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The study, published last week in JAMA, suggests that some retailers are not following these guidelines.
Researchers asked 16 people to purchase flavored e-cigarettes online and have them delivered to their homes in San Diego County.
Of the 156 transactions attempted, 73% were processed and 67% of orders were delivered.
As of March 21, 2024, eight states and 392 cities or counties in the United States have enacted restrictions on the sale of flavored tobacco, according to the University of California, San Diego.
“These results suggest that it is incredibly easy to purchase flavored e-cigarette products online, even in restricted areas.”
They said some restrictions on online transactions, including in states like California, are “vague.”
As stated in the press release, eight of the purchasers in the study were from the city of San Diego, which has an ordinance restricting the sale of flavored tobacco products.
In case of non-compliance
The purchases made in this study violated the Flavor Restrictions and Prevention of Online Sales of E-cigarettes to Children Act.
The law is a “federal law that prohibits the use of the United States Postal Service (USPS) to ship e-cigarette products and requires both age and scan identification upon delivery,” according to the University of California, San Diego. said.
Research revealed that only 1% of buyers had their ID scanned and 81% of deliveries were made via USPS.
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78% of buyers reported no interaction with the delivery person, and 15% spoke with the delivery person but did not undergo an ID check.
Dr. Eric Ries, lead author of the study and assistant professor in the Herbert Wertheim School of Public Health and Human Geriatric Sciences, discussed the findings in a conversation with FOX News Digital.
“These results suggest that it is surprisingly easy to purchase flavored e-cigarette products online, even in restricted areas,” he said.
“They also suggest that most retailers ignore federal and state laws regarding shipping requirements and age verification.”
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Reese warned that this is “particularly problematic for efforts to limit e-cigarette use by young people.”
To prevent these sales from leaking, Rees suggested conducting regular checks to “monitor and enforce compliance among online retailers.”
Online e-cigarette sales are “the largest and fastest growing segment of the tobacco (industry),” Reese said in a press release.
That’s according to Leas’ 2023 study published in Tobacco Control, which found that online shopping queries for cigarettes were 194% higher than expected and 162% higher than expected for e-cigarette products. I did.
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“We need to assess tobacco retail policy, ensure it covers e-commerce, and monitor the market to improve implementation,” he said.
In response to tobacco control research, the California Legislature recently approved legislation, SB-1230, to strengthen the state’s tobacco surveillance program. The law is scheduled to go into effect on January 1, 2025, the release states.
“It’s not a new problem.”
“This is not a new problem,” attorney Micah Berman, a member of the Cancer Control Research Program at The Ohio State University Comprehensive Cancer Center, told Fox News Digital.
“The Tobacco Control Act required FDA to enact regulations addressing distance sales (including online sales) within 18 months of the law’s enactment,” he said.
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“Almost 14 years after that deadline passed, the FDA has still not issued such a rule.”
The study suggests that communities across the country are having “local laws undermined by easy access to online e-cigarettes and other tobacco products,” Berman added.
“It’s completely unrealistic for local governments to regulate online sales,” he said. “To make progress on this issue, FDA must fulfill its obligation to issue regulations and become more aggressive in its efforts to stop illegal online sales.”
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The U.S. Food and Drug Administration (FDA) confirmed to Fox News Digital that the agency is reviewing the study results.
Fox News Digital has reached out to several online e-cigarette sellers for comment.