Commentary: To Protect Children, VA Must Tighten Regulation Of Vaping Products

By RICHARD MARIANOS

Over the past few years, the commonwealth has been flooded with illegal, disposable vaping products imported by overseas manufacturers who are targeting our kids with candy flavors and colorful packaging. They use social media to try and seduce our children and get them hooked. Although these products are banned from coast to coast, lack of federal enforcement has enabled these products to slip by undetected. Now they can be found in middle school bathrooms and kids’ backpacks.

Until now, the biggest challenge has been that the massive volume of these products, and lack of communication from the U.S. Food and Drug Administration, has cast a shadow over the marketplace. Law enforcement and even retailers were in the dark on what products were legal for sale and which products were subject to federal bans.

Fortunately, the Virginia legislature has passed smart policy that will shine a bright light on the marketplace. Senate Bill 550, which has been passed by both houses of the General Assembly, mandates that a product directory be published detailing the products that have been approved for sale. This will help enforcement professionals identify the illegal products and wipe them off the shelves. Gov. Glenn Youngkin should waste no time and sign this measure into law.

It makes sense to prioritize protection of our children as the most vulnerable segment of our population, but we must be targeted in our approach. As the Centers for Disease Control and Prevention’s annual National Youth Tobacco Survey points out, there is cause for optimism since the rate of smoking among these young people continues to decline. However, this report also revealed how successful these unscrupulous manufacturers have been creating criminal networks to smuggle these products.

According to government data, youth usage of illegal, disposable vapes has increased a startling 2,617% since 2019. The survey from the CDC found that 9 out of 10 children reported using flavored vapes, with fruit and candy flavors being the most popular. For the first time in history, the two vape brands cited most often by the children surveyed are disposable vapes. And out of those middle and high school students surveyed, it’s estimated that 1.16 million, or over 57%, use a brand called Elf Bar that’s illegal for sale in the United States.

The gut reaction from many policymakers and activists is just to ban products, but that misguided response ignores the important role that vapes can play in helping smokers quit.

The fact is, not all vapes are created equal. Most people think that vapes are just as bad as cigarettes and that nicotine causes cancer. Neither of these things are true. In contrast to illegal disposables manufactured with unknown materials, legally approved vapes are important alternatives for adult smokers who need help quitting cigarettes. The FDA has even determined that some approved products are “appropriate for the protection of public health.” Vapes have been shown time and again to be more effective cessation tools than common therapies like nicotine gums and patches that you can find at the pharmacy.

That’s why a product directory is essential to help keep legal products available to adult smokers looking for a healthier option, while at the same time protecting our children from illegal disposable vapes in candy flavors. We need to strike the right balance with public health policy that provides for consumer demand while preventing foreign manufacturers from exploiting weak enforcement.

It’s also important to consider the small business community and the retailers who responsibly market legal adult products. They serve on the front lines to prevent youth access through age verification to prevent the sale of tobacco products to anyone under 21. They need tools and communication to make sure that they can manage their business and maintain legal inventory.

Senate Bill 550 is a rational, balanced approach for the people of Virginia. A directory that provides transparency in the marketplace is sorely needed. It will foster a functioning marketplace for adult consumers while protecting our children and enabling responsible retailers to sustain a vibrant business.