Lax enforcement of online e-cigarette sales puts youth at risk

Most (88%) online e-cigarette stores appeared to violate policies designed to prevent underage access to e-cigarettes online, according to a study from Truth Initiative. Online stores appeared to fail to request ID, used restricted carriers to ship e-cigarettes, or did not appear to require a signature by an adult over 21 on delivery, violating federal policies. Although third-party e-commerce platforms like Shopify state that stores must comply with laws, enforcement seems to be rare.

The 2009 Preventing All Cigarette Trafficking (PACT) Act, designed to prevent youth access to tobacco, was expanded in 2020 in response to a growing online e-cigarette market. It now includes online ID verification, the use of private couriers, and adult signature upon delivery. In response to these laws, third-party companies like Shopify, AgeChecker.net, and Klaviyo have stated that stores must comply with federal and state laws, including those on tobacco shipping. However, it appears that these third-party platforms rarely enforce their own rules, leaving gaps in compliance.

Online sales have presented a widespread issue when it comes to age verification. By holding the third-party platforms accountable and requiring them to enforce their own policies, action can be taken to keep retailers in check and reduce youth access to nicotine products.

Key Takeaways

• Online e-cigarette stores flouted underage tobacco sales requirements. The vast majority (88%) of stores appeared to violate at least one of the three regulations on age, shipping, or signature on delivery.
• Most stores did not confirm if customers are above 21. Most (72%) stores appeared to fail to ask for ID before purchasing. This is in line with previous Truth Initiative research showing that 76% online e-cigarette stores allow customers to reach checkout without confirming their age. Most sites just required customers to type in their date of birth or click a button indicating they were over 21 years of age.
• Stores often stated they used a restricted shipping company. (78%) In 2021, UPS, FedEx, and DHL voluntarily joined USPS in prohibiting shipping e-cigarettes through their services.
• Skipping an adult signature on delivery removes another safeguard. More than one-third (35%) of stores did not appear to ask for a signature upon delivery.
• Violations spanned the most common software services. Most (60%) of the online stores using software services appeared to violate at least one policy.
• Software service providers required stores to comply with regulations. The vast majority (89%) of software service providers stated that stores were required to comply with local and federal regulations, and one even explicitly prohibited using the service for tobacco. However, it does not appear that these software service providers enforce these policies.

Preventing youth access to e-cigarettes online is only possible with strong enforcement

Most online e-cigarette stores did not appear to comply with tobacco sales restrictions designed to prevent underage tobacco purchases, underscoring an urgent need for stronger enforcement. 

The third-party software services that websites rely on to run their businesses could also present a unique opportunity for enforcement. The authors suggest that if software service providers enforced their own policies requiring sites to comply with regulations, it would significantly hamper the sale of tobacco products to underage customers. Federal agencies should work quickly to hold third-party software service providers and online e-cigarette stores accountable for their actions. 

The research corroborates a larger trend where regulations and enforcement of underage tobacco sales are struggling to keep up with the growing online retail market. Findings are especially concerning given that about 15% of tobacco sales in the U.S. occur online and are only expected to grow.