A University of California study found that online vape retailers often do not comply with laws to avoid selling to minors, including age verification and taste restrictions. There are regulatory gaps in online sales.
CA study: Vape regulations vague and under-regulated
Researchers at the University of California, San Diego, found in a November 11, 2024, report that online vape retailers failed to comply with laws to avoid selling vape brands to minors, including age verification, distribution methods, and taste restrictions.
The study was published in the Journal of the American Medical Association on November 11, 2024. The study invited 16 participants to purchase flavored vape brands over the Internet in San Diego County and send them home and then analyzed the results of these purchase attempts. Of the 156 attempted transactions, 73% were successfully processed and 67% were successfully delivered.
Vague Regulations Lead to Inadequate Regulation of Online Sales
As of March 21, 2024, eight states and 392 cities and counties in the United States have introduced restrictions on the sale of flavored cigarette products, but some do not include e-commerce. For example, California Senate Bill 793 (SB-793) of 2022 prohibits the sale of condiments, but the restrictions on e-commerce are not clear enough.
Due to the abstract nature of the California law, the researchers aimed to detect differences in the implementation of local cigarette e-commerce regulations. Eight clients are from San Diego. A law in the region restricts the sale of cigarette products, including online sales. In addition, eight customers are from other communities in San Diego County, which do not have the same restrictions. The data shows no significant difference in buyer distribution between the two regions.
Buying vapes online violates not only condiment restrictions but also the Prevention of Online Sale of Vapes to Children Act (USPS), a federal law that prohibits the use of the U.S. Postal Service to ship vape brands and requires age verification and identity scanning during shipping.
Professor Eric Liss Liss is an assistant professor at the Herbert Wertheim School of Public Health and Human Longevity Sciences. Dr. Eric Leas said,
- “Offline stores already have a long-term legal regulatory system, but we don’t have a system for online retailers.” The findings highlight the importance of strict supervision and enforcement of online cigarette retailers.”
- “Online sales of vapes are the fastest growing segment of the tobacco industry. We should evaluate tobacco retail policies to ensure they include e-commerce and monitor the market to improve implementation.”
The study also found that:
- Only 1% of buyers had their ID scanned at the time of delivery;
- 81% of shipments are delivered via USPS;
- Nine percent of shipments were delivered by Courier companies with transport restrictions. Mainly includes: 4.0% via UPS, 3.0% via FedEx, 3.0% via DHL;
- 78% of buyers reported that they did not have any interaction with delivery personnel;
- 15% of buyers spoke to a delivery person but did not check their ID;
- 6% of buyers’ ID cards were checked but not scanned;
In 2023, Leith published a study in the journal Tobacco Control stating that since SB-793 was implemented, online tobacco purchase queries were 194 percent higher than expected, and vape brand queries 162 percent higher.
California lawmakers recently passed national cigarette control programs, including flavorings and cigarette commodities sold online. SB- Bill 1230, citing Leith’s Tobacco Control study findings. The law will take effect on January 1, 2025.
