More needs to be done to combat youth vaping, according to several state attorneys general.
Virginia Attorney General Jason Miyares was one of a coalition who sent a letter earlier this month to federal officials asking for the administration’s assistance in combating “the flood of illegal Chinese products–including illegal Chinese e-cigarettes marketed to minors–coming into the United States.” The letter stated the influx of the e-cigarettes violate state and federal laws, plus they have never been approved by the FDA and target children with colorful packages, sweet flavors and video-game themes. The letter said the Chinese e-cigarettes often emit higher levels of nicotine and potentially harmful contaminants.
The letter writers ask that a multi-agency taskforce created in June 2024 to curb the distribution and sale of illegal e-cigarettes make stopping illegal Chinese e-cigarettes a top priority and add a representative from Customs and Border Patrol (CBP). They also request CBP to have independent seizure authority in coordination of the FDA over illicit tobacco products and an individual be designated to spearhead a federal effort combating the products. Violators should be prosecuted and penalties implemented. The Department of Homeland Security should have enhanced enforcement to block, seize and destroy illegal e-cigarette products at the border, working with the Department of Justice to seek injunctions and the FDA to “aggressively pursue violators.”
According to data obtained by Reuters, sales of unauthorized, flavored disposable vapes amounted to $2.4 billion in the United States in 2024, 35% of e-cigarettes sold by convenience stores and supermarkets. Only 34 tobacco or menthol flavored vape products have been authorized for sale by the FDA, far less than the approximately 11,000 on the market.
In 2024, Governor Glenn Youngkin signed into law bills banning internet sales of liquid nicotine or nicotine vapor products except to retail dealers. The items were also prohibited from vending machines. The state is also creating a directory of approved liquid nicotine or nicotine vapor products. Beginning Dec. 31, no items may be sold that aren’t listed in the directory.
Though the minimum age to purchase tobacco, including e-cigarettes, is 21 in Virginia, vaping continues to be an issue among youth. According to a report from the Orange County Youth Council, approximately 40-50 vape pens were confiscated during the 2023-2024 school year in Orange County High School. The council has been lobbying local governing bodies to pass an ordinance that aligns with law enacted in 2024 that allows localities to regulate tobacco, nicotine and hemp product retail locations, prohibiting them from locating within 1,000 linear feet of a public, private or parochial school. Locations operating prior to July 1, 2024 are not impacted.
The Orange County School Board is expected to discuss the ordinance at an upcoming meeting.
