Online Retailer Nonadherence to Age Verification, Shipping, and Flavor Restrictions on E-Cigarettes

Greetings,

Our lab’s research on noncompliance among e-commerce vaping retailers was recently published in JAMA on November 11, 2024. The results suggest that it is incredibly easy to buy flavored vaping products online even in areas where they are restricted. They also suggest that, for the most part, online retailers disregard both federal and state laws pertaining to shipping requirements and age verification. This is especially an issue for efforts to limit youth vaping.

This study was motivated by the 2020 Preventing Online Sales of E-Cigarettes to Children Act which bans the shipment of vaping products via USPS and requires ID age verification upon delivery and also SB-793—California’s statewide restriction on the sale of flavored tobacco.

We conducted the study last October, 2023 by attempting to purchase 156 flavored vaping products across 78 e-commerce websites. Purchases were made in pairs with one buyer in San Diego, where e-commerce vaping sales are restricted by a local ordinance, and the other buyer in different jurisdiction in San Diego County, California, where there was no local ordinance.

A total of 105 flavored vaping products were completed when none should have been to be compliant with SB-793. There was no difference in the rate of deliveries between buyers in areas with a local restriction or not. Among those delivered, only 1 buyer had their ID scanned as required by law. Most did not have any interaction with the delivery personnel. Moreover, 80.8% of the products were shipped via USPS, despite the federal ban on using this service. An additional 8.8% were shipped via couriers that have corporate policies restricting tobacco shipments, including UPS, FedEX, and DHL.

One solution we believe is to start routinely conducting compliance checks to monitor and enforce compliance among online retailers.

We have detailed information on the websites we purchased from and also images of the products and shipping labels, etc. If you would like to access this data, please reach out to us at info@tobaccoecommercelab.com and tell us what you need and how you intend to use it.

Further coverage available at:

Los Angeles Times

CNN

We will reach out again next week with an update.

Rising Interest in Harmful "Magic Mushrooms"

Beginning last fall, our lab observed an increase in online vape shops selling "magic mushroom" products. We want to inform you about two categories in particular.

The first involves products made with Amanita muscaria mushrooms. These mushrooms contain muscimol, a central nervous system depressant that can mimic some effects of classical psychedelics but can be fatal at lower doses than fentanyl, cocaine, and PCP. Despite the risks, vapes, smokes, gummies, and chocolates containing muscimol are marketed with health claims, such as reducing anxiety and depression, often vaguely referencing studies on psilocybin mushrooms. Unlike psilocybin, Amanita muscaria and muscimol are not listed as controlled substances, leading manufacturers to argue their legality. We disagree. More details and our research are available in the UC San Diego feature.

The second concern is products labeled as "magic mushrooms" without disclosing their active ingredients. Notably, Diamond Shruumz, based in Santa Ana, CA, sells gummies, chocolates, and ice cream cones, claiming they contain a proprietary blend of nootropic and functional mushrooms. However, they also provide dosing recommendations for a psychedelic experience without specifying the active ingredient. The FDA has issued a consumer warning after 12 individuals sought medical attention and 10 were hospitalized after consuming Diamond Shruumz products. Some experts suspect these products may contain 4-AcO-DMT, a synthetic compound similar to psilocybin, with limited safety data. More information on the ongoing investigation is available on the FDA website.

Please watch for these products, as they are widely sold at tobacco retailers and may pose a growing public health risk.

A Mission for Stronger Regulations

Greetings,

I recently penned a commentary for Tobacco Control, inspired by the insightful work of the Truth Initiative that also appeared in the Journal. Their thoughtful research into tobacco e-commerce practices that is complimentary our lab has shone a spotlight on the urgent need for regulatory reform by pointing out problems with age-restrictions and troubling marketing tactics on TikTok.

The world of online tobacco sales, now a staggering $16.7 billion segment in just the US in 2023, has exposed stark gaps in the enforcement of sales and marketing regulations. With the rapid shift to online platforms, tobacco retailers may exploit these gaps to sidestep policies, particularly flavor sales restrictions, casting risks for public health and age-appropriate sales.

The commentary calls for a concerted push toward a regulatory environment with the need to reform ambiguous legalities and lax age verifications. I encourage you to read our commentary, if you would like a better understanding of the state of this market at the start of 2024.

Thank you for engaging with our work and for your commitment to this important issue!

Best regards,

Eric Leas

Director of The Tobacco E-Commerce Lab