Loopholes for Underage Access in E-Cigarette Delivery Sales Laws, United States, 2022

Abstract

Objectives. To comprehensively catalog and review state e-cigarette delivery sales laws as well as capture their scope and dimensions. Methods. We conducted an in-depth review to determine whether states had at least 1 form of e-cigarette delivery sales law. We coded laws for 5 key policy domains: (1) delivery terminology used in laws, (2) age verification requirements, (3) packaging label requirements, (4) permit or registration requirements, and (5) fines and penalties for violations. Results. Overall, 34 states had e-cigarette delivery sales laws with varying scopes and dimensions. In 27 states, these laws required at least 1 form of age verification requirements. We identified mandatory packaging labels in 12 states, and 7 states where permits were required. There were considerable differences among states on the scale of fines and penalties for violations. Conclusions. Our findings reveal extensive heterogeneity in e-cigarette delivery sales laws among states, particularly regarding the scope and dimensions of these laws. Public Health Implications. The mapping of e-cigarette delivery sales policies showed several potential loopholes that may diminish their effectiveness. (Am J Public Health. Published online ahead of print March 9, 2023:e1–e9. https://doi.org/10.2105/AJPH.2023.307228 )

Reply to: holistic effort at curbing tobacco use essential in the US

“… 1 This growth in ENDS products coincided with the lack of consistent regulations and quality control, raising concerns about the safety and long-term health effects of ENDS, especially loopholes for youth access in ENDS delivery sales laws in the US. 2 , 3 Our study of US adults 4 showed high variability in using ENDS and cigarettes over time. We also found that an increase in ENDS use from 2015 to 2019 among adults led to a decrease [in an absolute term] in cigarette use.…”

Holistic effort at curbing tobacco use essential in the US

“… 3 This is because ENDS have a high own-price elasticity, with the elasticity of demand being particularly large for the flavored version of the product. 3 But if current efforts to identify the loopholes in government regulation and policies introduced to restrict adolescents’ access to ENDS 4 achieve their intended objective, the high changeability in ENDS and cigarette use among US adults 1 may reverse the decline in cigarette use. Evidence for the positive cross-price elasticities of demand between e-cigarettes and cigarettes, with a possible economic substitution effect between them 3 strengthens this plausibility.…”