Despite restrictions on tobacco product sales in numerous US municipalities, a recent study reveals loopholes that enable children to purchase e-cigarettes online, bypassing regulatory measures. Although teen e-cigarette use has declined, over 1.6 million middle and high school students reported using these products in the 2024 National Youth Tobacco Survey. The Preventing Online Sales of E-Cigarettes to Children Act of 2020 prohibited the USPS from shipping e-cigarettes and mandated ID scans for deliveries. However, these regulations fail to fully address e-commerce and online shopping.

"The monitoring system for physical retailers is well-established, but no such system exists for online sales," said Raquel Harati, lead study author and former research coordinator at the University of California, San Diego’s School of Public Health. "We aimed to develop a method for systematically checking compliance online."

Published in JAMA Network Open, the study analyzed attempts to purchase flavored nicotine vaping products from 78 websites for home delivery. Out of 105 deliveries, ID scans occurred only once. Most products (78%) were delivered without interaction, 16% involved conversation without ID checks, and a mere 5.7% had IDs checked but not scanned. Approximately 80% of orders were delivered by USPS, despite 8.8% arriving from couriers with policies against tobacco shipment.

The researchers advocate for "routine surveillance of online retailers" to identify opportunities to strengthen existing public health laws aimed at reducing tobacco sales to those under 20. Harati emphasized, "Federal law clearly states that USPS cannot ship tobacco products, yet it is still frequently used. Health experts must advocate for more routine compliance assessments to prevent youth access."

In 2019, Congress raised the legal purchasing age for tobacco products to 21, requiring retailers to verify photo ID. The study highlights how delivery personnel may not be following this rule, allowing underage customers to evade age restrictions. "Age-gating technology on these websites is ineffective," said Thomas Carr, director of national policy for the American Lung Association. "People lie about their age, and it’s easy for kids to get tobacco products mailed to them. Physical stores have clerks to check IDs, which isn't possible online."

Tobacco companies are known for deceptive marketing, creating e-cigarette cartridges in candy or fruity flavors to attract younger audiences. Over 1 in 4 underage users report daily e-cigarette use, with most favoring flavored products. While the FDA can regulate tobacco and nicotine products under the 2009 Family Smoking Prevention and Tobacco Control Act, legal delays have allowed tobacco companies to outpace lawmakers.

Experts agree that there is no "safe" form of smoking. E-cigarettes, vapes, and other electronic tobacco products contain a liquid solution with nicotine, an addictive substance, and various harmful liquid metals. "Young people are particularly susceptible to nicotine's addictive properties," Harati said. "Their brains are still developing, and nicotine strongly impacts the neural networks that regulate emotions."

In August, the American Lung Association, the American Academy of Pediatrics, and other health organizations urged the FDA to address online loopholes, calling their inaction "unlawful withholding of agency action." Carr and Harati agree that policy changes could restrict youth access to these products. "Prohibiting tobacco sales or imposing delivery restrictions can make e-cigarettes harder to purchase," Carr said. "Reducing product attractiveness can also help."