California Flavored Ban Fails: Success Rate of Online Purchases by Minors Increased by 9%

According to a recent report by MENAFN, a study published in the Journal of the American Medical Association has found that despite the ban on flavored e-cigarettes in California, underage teenagers are still able to purchase these products online.

On December 21, 2022, the California legislature (Senate Bill No. 793) enacted a ban on the sale of tobacco products containing significant flavorings to people of all age groups, including e-cigarettes. However, hookahs, premium cigars, and loose tobacco are exempt from this legislation. The primary motivation behind this prohibition is to reduce youth smoking, as young individuals tend to be particularly attracted to flavored e-cigarettes, such as mango and cream flavors.

Since 2021, the research team has been collecting data on the tobacco industry. As part of this project, the team is also attempting to determine whether minors can buy flavored e-cigarettes illegally online.

On 26 websites in California, researchers from the study team posed as minors under the age of 21, attempting to purchase flavored e-cigarette products. The purchasing attempts occurred when a researcher was able to add a flavored e-cigarette product to their shopping cart, using age verification systems if available, and provide their credit card information. Prior to the passage of SB 793 bill, the research team had a success rate of 52% in their purchase attempts. However, following the enactment of SB 793, the research team's success rate actually increased to nearly 61%.

The research team suggests that even if online retailers ignore or are unaware of these legal regulations, teenagers can still be exposed to flavored tobacco products.

It remains unclear why online retailers in California are still selling flavored e-cigarettes. It could be that the sellers are disregarding the new regulations, unaware of the law, or believe that it does not apply to online sales.

Another research team collected Google search rates for online purchases of tobacco and e-liquid products in California from January 2018 to May 2023. They found that queries for tobacco and e-cigarette shopping were 194% and 162% higher than expected, suggesting that consumers are searching on Google for suppliers of banned products.