11/30/2015
Bill Banning Sale of E-Cigarettes to
Texas Youth Takes Effect
On October 1, Texas joined 40 other states by restricting youth under the age of 18 from purchasing, possessing, consuming or accepting as a gift e-ci******es or any other v***r product. Senate Bill 97, passed by the 84th Legislature, places e-ci******es under the same restrictions that cover all to***co products, including limiting outdoor advertising within 1,000 feet of a church or school.
This is good news because e-ci******es contain varying levels of ni****ne, which is addictive, and may contain dangerous carcinogens. According to the 2014 Texas School Survey, Texas youth use e-ci******es more than any to***co product. Almost 25% of all middle and high school students report lifetime e-cigarette use compared to 19.9% who have used regular ci******es. Almost twice as many middle and high school students have used e-ci******es in the past 30 days (14%) than regular ci******es (7.4%).
One area of concern that remains despite the new law is the relative ease with which underage youth can purchase e-ci******es over the Internet. Senate Bill 97 originally included two stringent measures for identification in order to purchase e-ci******es online. The two measures included requiring a photocopy or other image of a government issued ID for purchase and an adult signature upon delivery of the product. Both items were left out of the final version of the bill.
A 2014 study conducted by researchers at the University of North
Carolina and presented by the American Public Health Association indicated that minors could easily access e-ci******es via the Internet. In that study, minors successfully purchased and took delivery from 76.5% of the purchase attempts, and 95% of the orders that were delivered were simply left at the door.
E-ci******es currently are not regulated at the federal level. However, on October 19, the Food and Drug Administration forwarded to the White House Office of Management and Budget (OMB) its final recommendation for the regulation of the products. The FDA proposal calls for defining e-ci******es as to***co products and regulating them as to***co products, including banning the sale of e-ci******es to minors and calling for a ni****ne warning on the packaging. The White House OMB has 90 days to review the proposal and make a final ruling.
