FDA Cracks Down On Online Sales Of E-Cigarettes

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For years, under federal law, it has been illegal to sell cigarettes and smokeless tobacco to minors. Under a rule finalized in May, the law now prohibits retailers from selling e-cigarettes, hookah tobacco, or cigars to people under the age of 18. Retailers now need to check a photo ID before selling any such product, which also can not be sold in a vending machine, where anyone under age 18 has access at any time. While there has been a significant decline in the use of traditional cigarettes among youth over the past decade, their use of other tobacco products continues to grow. For example, e-cigarette usage has skyrocketed, from 1.5% in 2011, to 16% in 2015, a 900% increase among high school students.

Tobacco Usage- Youth
Last week, the US FDA announced it had taken action against 55 tobacco retailers, by issuing the first warning letters, for selling newly regulated tobacco products, such as e-cigarettes, e-liquids, and cigars, to minors. During compliance checks at major national retail chains, tobacco specialty stores, and online retailers, by the FDA, it was found that minors were able to purchase some of these products. The violators are first issued warning letters, before enforcement actions are pursued, including the imposition of civil money penalties, and no tobacco sale orders. Since 2009, the FDA has conducted over 660,000 inspections of tobacco product retail establishments, issued more than 48,900 warning letters, and initiated civil money penalty cases in excess of 8,290. According to the Wall Street Journal, none of the violators included vape shops. Retailers who did receive warnings included gas stations, convenience stores, and drugstores, who were most often cited for sales of cigars from brands such as Swisher Sweets, owned by Swisher International Inc., and Black & Mild, owned by Altria (NYSE:MO) , the largest tobacco company in the US.

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The e-cigarette market has grown into a $4 billion industry, even while public health officials have questioned the tobacco manufacturers’ claims of such products being a healthier alternative to traditional cigarettes. Such claims are felt to be drawing the youth to use or try such devices, which are also available in different flavors. According to research conducted by the University of Michigan, to determine what drives teens to use e-cigarettes, it was found that between 59% and 62% of students in the 8th to 12th grades use e-cigarettes for their flavor, with strawberry and chocolate cited as favorites. Meanwhile, about 13% of 8th graders, and 20% of those in the 10th and 12th grades, do it for the nicotine. Messages which aim to curb the use of vaporizers and e-cigarettes by pounding on their harm may not work here, as most don’t consider they are inhaling anything damaging. Hence, other rationales may be more effective, which need to be implemented in order to curb the usage of these products by the youth.

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Notes:

1) The purpose of these analyses is to help readers focus on a few important things. We hope such lean communication sparks thinking, and encourages readers to comment and ask questions on the comment section, or email content@trefis.com
2) Figures mentioned are approximate values to help our readers remember the key concepts more intuitively. For precise figures, please refer to our complete analysis for Altria.
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