Working to Find Solutions to Teen Vaping Epidemic
Increase the penalty for adults who buy vaping products on behalf of a minor
By Joseph Laughon, August 13, 2019 8:30 am
The Fresno Bee recently reported on a statewide effort to curb teen vaping in the form of Assembly Bill 1639, which was introduced earlier this year. This bipartisan bill would increase the penalty for adults who buy vaping products on behalf of a minor.
Unfortunately, despite the many positive provisions in this legislation, it also includes a counterproductive measure that makes the same mistake the new Food and Drug Administration e-cigarette policy does – limiting access to vaping devices to the retail locations that do not have a good record on enforcing the age restriction on these products.
While the FDA policy introduced by former Commissioner Scott Gottlieb is different because it carves out tobacco, vape and online shops from the new guidelines limiting the sale of flavored e-cigarette products, the result could be the same; more teens gaining access to vapes and other e-cigarettes.
This is because, according to new research on how minors acquire e-cigarette products, tobacco and vape stores are 100 times more likely to sell vape products to minors than convenience and grocery stores. If tobacco shops become the only places able to sell these products, partnered with their lack of effective ID checks, more teens could gain access to vapes.
Despite our elected officials’ best intentions, their efforts to curb teen smoking could be counterproductive and make the problem worse.
In addition, small businesses and corner stores who are effectively checking IDs and aren’t selling these products to minors should not be punished by arbitrary rules that won’t keep these products out of the hands of teens.
Our state and country should focus on common sense solutions that would actually address the recent rise in teen smoking.
A bipartisan group of Congressional Representatives recently introduced the Preventing Online Sales of E-Cigarettes to Children Act. Introduced by Congresswoman Rosa DeLauro (D-CT) and Congressman Kelly Armstrong (R-ND), this legislation would require anyone who delivers e-cigarettes and other vape products to check ID’s before handing over the delivery. This bill would treat online retailers the same as in-person retail locations that are required by law to ID the buyer before selling the products.
Making it harder for minors to buy vaping products online should be a priority for elected officials because nearly a third of teens who reported buying their own vape products say they bought them online. Currently, there is no legal requirement for an ID check upon delivery of these products, and oftentimes a signature is not even required.
The next generation’s health depends on leaders in the California legislature as well as leaders in Congress, like House Minority Leader Kevin McCarthy, and Senate Minority Leader Mitch McConnell, taking action, especially given the uncertain health implications of using vaping devices.
While California has recently struggled with how to address the vaping epidemic, including a failed effort to ban flavored tobacco products, it is still incumbent upon our elected officials to not give up on this fight and support legislation that will prevent teen smoking and is backed by scientific evidence and also won’t unfairly target businesses who are following the law.
- Working to Find Solutions to Teen Vaping Epidemic - August 13, 2019
Here’s my oh so humble opinions on vaping…
An Open Letter to Those in the “Vape Industry” Who Have Marketed Their Products Directly to Children (http://www.fmtrialattorneys.com/2019/09/an-open-letter-to-those-in-the-vape-industry-who-have-marketed-their-products-directly-to-children/)
ARE YOU 25 YEARS OLD OR YOUNGER AND ADDICTED TO A JUUL DEVICE?
If you, or a loved one is age 25 years or younger and addicted to a Juul device, you may be entitled to compensation. Yes, that reads like an ambulance chaser’s cheesy advertisement, but be that as it may, I hope to have your attention. Seriously, if you are 25 years old or younger and your first experience with nicotine was through a Juul device and you are now addicted, you should know about the following lawsuit: Bradley Colgate, et al. v. Juul Labs, Inc., et al. (Case MDL No. 2913). Treating this case, and other similar cases, like it does with many “mass torts / multidistrict litigation” cases, the federal court system has consolidated the cases into one courtroom, and that courtroom is in the United Stated District Court for Northern California. With this development, I believe that things have taken a major, and positive, turn for the victims of the vape and e-cigarette industries.
My name is Paul J. Molinaro, M.D., J.D., and I am a California physician and attorney. If you are 25 years old or younger, and live in California, and your first experience with nicotine was through a Juul device, and you are now addicted to nicotine, my firm is available to you for a free / no-obligation consultation to see if you can join the plaintiffs in Colgate v. Juul. If you would like a free consultation, please contact my office. (www.888mdjdlaw.com).
* The above text may be considered an ad from a California law firm.