California E-Cigarette Ban Has Loopholes: Flavored Tobacco Black Market Remains Active

Today, on April 2, news from foreign media reports that California has banned the sale of most flavored tobacco products, but some media have discovered a loophole in enforcement that may put teenagers at risk.

Last December, a statewide ban went into effect, suspending the sale of most flavored tobacco products and e-cigarettes across the state. This ban applies to everyone, but special attention is needed to keep these highly addictive products away from teenagers.

But why are they able to get them so easily?

According to the latest data from the FDA and CDC, over 3 million middle school students in the U.S. use tobacco. A national survey found that e-cigarettes have been the most popular tobacco product among middle school students for the ninth consecutive year. However, despite the statewide ban on these products, media found that teenagers are still able to access them.

Is the ban effective?

Although the statewide ban went into effect last December, several cities and counties have already implemented flavored tobacco bans, including Sunnyvale.

The media invited an 18-year-old high school student to accompany us on a tour of several smoke shops in Sunnyvale. We watched as the young man entered the store, and we followed closely behind, listening to his conversation with the clerk.

He requested to purchase Menthol JUUL pods—one of the many flavored tobacco products included in the state and local city bans. The student told the media that the clerk had the product in stock.

"When I paid, I gave her my vaccination card." The teenager told the media. "She said I needed a physical ID."

No sale occurred. However, once he returned to the car, this 18-year-old was able to go online and order 19 different flavored tobacco products containing 50 mg of nicotine. The clerk in the store told him they allowed online pickup orders, which is not permitted under local city regulations.

"We found through inspections that they are indeed selling flavored tobacco," said Christy Gunvalsen, the city's community protection manager responsible for regulatory enforcement.

Public records obtained by the media show that the store failed its last four inspections dating back to April of last year. However, nothing has changed.

Stephanie: So what will happen to businesses like this next? I saw on their website that they are still selling these products.

Records show that this store is one of 67 tobacco retailers in Sunnyvale. The city's enforcement department stated that most of them have complied with at least one inspection this year.

But not everywhere is like this.

We visited and checked dozens of smoke shops in the Bay Area.

Some said they were strict, some admitted they were not strict, and others told us they were still confused about the rules.

"Have you received any guidance from the state?" Sierra from the media asked.

Dozens of retailers visited by the media told us they had not received any guidance from the state regarding the new tobacco laws, nor had they been visited by local enforcement agencies.

The tobacco black market in California

If you ask informed commentators, they say that whether strict or not, the ban is meaningless. Partly because of the obvious loopholes; anyone seems to be able to access illegal products with just a few clicks.

"It's too easy." said Richard Maria, a retired assistant director of the ATF.

Marianos has conducted enforcement actions involving illegal tobacco smuggling. He stated that the state's ban lacks an enforcement strategy, making California's demand for the tobacco black market one of the highest in the U.S.

"The black market in California is very active," Marianos said.

Marianos, a former ATF investigator, conducted a market survey to understand how the ban is affecting different communities in California. He said the team made purchases to try to identify problem areas in Northern California.

"Out of the 10 places they visited, 7 were able to purchase banned and illegal products without punishment," Marianos said. "That's a seven out of ten problem, just selling to anyone."

A flavored tobacco product widely known on the black market in the U.S. is becoming popular in California. Experts are concerned that this product is appealing to children.

"From what you see, is the problem in California worse compared to other states?" Sierra asked.

"The whole country is bad, but California is one of the places where it is most concerning," Marianos said.