How to Preventing Illicit Vape in USA
Illegal e-cigarettes have always existed, since the phenomenon has become even more rampant following the ban on disposable e-cigarettes. Recently, Marcus Saxton, the chairman of the Independent E-Cigarette Trade Association in the United Kingdom, pointed out that the e-cigarette market in the United Kingdom is between $3 billion and $4 billion, and illegal e-cigarettes account for two-thirds of the market. This is not just happening in the UK, the United States and other countries that allow the sale of e-cigarettes are also facing the same problem of illegal e-cigarettes proliferating. The Centers for Disease Control and Prevention conducted a survey of teens in the United States, which showed that 10% of high school students were using e-cigarettes. These teenagers are particularly attracted to brands that have been warned repeatedly by the FDA for violating federal law by offering a variety of flavored e-cigarette cartridges and disposable e-cigarettes, such as the Elf Bar, Esco Bar, and others. Thus, how to prevent youth from using non-compliant e-cigarettes for their health and well-being becomes one of the most important issues to be addressed today.
Ⅰ. “I-PLEDGE” refers to a program designed to comprehensively examine tobacco and e-cigarette compliance for preventing minors from being exposed to tobacco, alternative nicotine and e-cigarette products. Conducted primarily by the Iowa Department of Revenue, the program is designed to educate local retailers and ensure their compliance with the law. Since the publication of the program in 2000, the statewide tobacco compliance rate has increased significantly to 91%. It is important to know that the IPLEDGE program focuses on retailer training, requiring retailer employees to complete an online training course and pass an exam in order to become I-PLEDGE certified. This certification allows retail establishments to use an affirmative defense against civil penalties for illegal sales by certified associates.
In addition, the Scott County Sheriff’s Department in Iowa has announced that it is joining the I-PLEDGE program to work with the Iowa Department of Finance to keep tobacco, nicotine replacement, and e-cigarette products out of the hands of minors. Specific ways to implement the program:
- Under the strict supervision of law enforcement officers who arrange for underage customers to try to purchase tobacco and e-cigarette products, any store caught selling illegally will be fined on the spot.
- Strong criminal penalties for the sale of tobacco and e-cigarette products to minors, with a fine of $135 for the first offense, increasing to $325 for the second offense, and up to $645 for the third and subsequent offenses.
These fines are designed to curb illegal sales and ensure the health and well-being of minors.
As an active participant in the program, the Scott County Sheriff’s Department is committed to further improving compliance in 2024 and further increasing acceptability for e-cigarette products in the local area, and making more attribution to protect minors from the dangers of tobacco and e-cigarettes.
Ⅱ. In a Jan. 12 report, US Media Richmond mentioned that two bills have been filed in the Virginia General Assembly aimed at curbing youth use of unregulated e-cigarettes with sweet flavors. The two bills are House Bill 1069 and Senate Bill 550. Under the provisions of these bills, any retailer or wholesaler who sells e-cigarette products that are not licensed for marketing and sale by the FDA would be fined $1,000 for each product sold.
The specific provisions of the bills are as follows:
- Provisions for retailers and wholesalers:
Compliance inspection: retailers and wholesalers who sell or distribute liquid nicotine or nicotine other products must be inspected by the Virginia Attorney General, which may be scheduled or unscheduled, to ensure that they are in compliance with all relevant regulations.
- Provisions for manufacturers:
Proof of Market Authorization Order: Manufacturers are required to provide evidence in their submissions that their products have received a Market Authorization Order from the FDA, which is necessary for the product to be marketed and sold.
- Provisions for individuals:
Recordkeeping and Audits: Individuals involved in purchase, sell, exchange, receive, or transporte e-cigarettes must keep all relevant records and be subject to audits and inspections. These records must be kept for three years.
Fines for violations: Failure to keep these records will be considered a criminal offense and subject to a $1,000 fine.
In addition, some products are exempt from this rule if they were sold in the U.S. before 2016 or if a premarket tobacco product application was completed before 2020.
Why should we need to eliminate illegal VAPE? Because it is a serious public health issue. Illegal e-cigarettes have long-term health effects on minors, including but not limited to respiratory diseases, cardiovascular diseases and cancer. As minors are at a critical stage of physical development, exposure to these harmful substances will have irreversible effects on their health.
In addition, the illicit e-cigarette market lacks regulation and product quality guaranteed, which contains harmful chemicals or additives. Therefore, we need to take action to combat the circulation of illicit e-cigarettes to protect the health and well-being of minors.
ANTBAR have always been adhering to the laws and regulations to produce legally compliant e-cigarette devices. We know that only by complying with the law can we win the respect of the market and the trust of our customers. We strictly control every product production and quality to ensure that every step of the process meets the relevant regulatory requirements. Because we firmly believe that only by complying with the law can ANTBAR gain a foothold in the competitive market and continue to grow and develop.
