CHARLESTON, W.Va – State lawmakers looking to increase regulations on nicotine vaping products got a look inside the industry and West Virginia’s enforcement of current regulations during interim committee meetings earlier this week.
A panel discussion held before the legislature’s Joint Committee on Health shed light on issues like underage use of vapes, the sale of illegal products, and involvement with organized crime.
“Illicit vapes are not just about nicotine or kids sneaking a puff. Illegal vapes have become a low-risk, high-profit commodity for criminal organizations, both foreign and domestic,” AJ Lugo, a special investigator for the Tobacco Law Enforcement Network, said during his testimony.
The sale of illegal vapes, many of which come from China according to Lugo, became a significant topic during the discussion. He noted that the list of FDA-approved vaping products is short, and most of what’s found in the market is illicit.
“The FDA has only authorized 39 e-cigarette products for legal sale, but more than 85% of the market is illicit, and what that means is in these vape shops you’re seeing, most of those products are illegal,” he said.
Mairi Martin, the general counsel for distributor MAG Industries, stated that the strong FDA regulation of vape products is a big part of why so many illegal alternatives are produced.
“Without clear guidelines and a clear, legitimate regulatory pathway to provide American-made alternatives, American businesses will continue to be shut out, and bad actors will continue to exploit the opportunity they’ve been given,” she said.
One proposed solution to this issue is establishing state regulations that fall in line with the FDA’s Premarket Tobacco Application. Vapor Technology Association Executive Director Tony Abboud said increased domestic regulation does little to slow foreign production, especially from China.
“The reality is, that’s where the product was invented. That is where they are manufactured, and simply imposing some sort of FDA-like regulation will not address that issue,” he said.
As for vapes finding their way into the hands of minors, Benny Eplin, Enforcement Director at the West Virginia Alcohol Beverage Control Administration, cited numbers showing West Virginia has the highest rate of underage vaping in the country and spoke strongly about what he hears from the public.
“You talk to the teachers in the school, and trust me, I get calls every day of the week from principals, PRO officers, teachers, grandmothers, mothers, and dads—this is a major problem in our state,” he said.
Eplin talked about some of the products available that he believes can be marketed to children, like vapes shaped like popular television characters and others that can be easily disguised as everyday items. Abboud agreed that there’s no place for items like that in the market.
“These examples that the director showed over here are absurd, and they should be banned. They should not be sold anywhere for any reason for any purpose,” he said.
Abboud did advocate for alternatives to matching the FDA’s regulatory system, stating that studies show vaping products help decrease the rate of smoking and do not pose a threat to public health.
For stemming the tide of vaping, Eplin pushed for more education on the issues and more law enforcement involvement.
“We’ve got to protect our kids. I think we need to do something to start educating them early. Fortunately here in the last 8-10, 12 months, we’ve been able to go out and speak to law enforcement agencies. I think we need to continue that, but I think we also need to get down on the kid level,” he said.