No Age Verification for Teen Vape Sales: New York Sues 22 Retailers

On October 9, New York City Mayor Bill de Blasio announced a lawsuit against 22 online e-cigarette retailers across the country for failing to verify the age of consumers and selling e-cigarettes to minors under the age of 21, thereby violating New York local laws.

The lawsuit states that in July and August, New York City conducted a series of test purchases from online retailers. During the tests, purchases were made as minors, and many websites did not require any signature or identification upon delivery.

The lawsuit shows that the defendants targeted youth in various ways, including offering flavored e-liquids that mimic candy, sugary breakfast cereals, or soft drinks, selling small and inconspicuous devices that make it easy for children to hide from their parents, and marketing on social media platforms popular among teenagers.
 

New York City's investigation found that many websites did not use government databases to verify the age of purchasers before completing transactions. New York youth under the age of 21 were able to freely purchase e-cigarettes online from these companies.

Underage purchasers created an email account and used prepaid Visa gift cards to purchase e-cigarette products from each defendant, with all purchased e-cigarette products being shipped to an address controlled by the New York City Sheriff's Office.

Some of the defendants had previously been named by the U.S. Food and Drug Administration (FDA) for illegally selling to minors.

Mayor de Blasio pointed out that, "Children are the pride of New York, yet for these companies, they are merely targets for profit. Exploiting youth and luring them into potentially deadly habits is an unconscionable act. This lawsuit sends a message: we will do everything we can to protect our children and the health of this city."

In response, New York City on October 9 requested a federal judge in Brooklyn to stop 22 online retailers from marketing and selling e-cigarettes to residents under the age of 21.