E-Cig Sales Prohibited to Minors in MA

By PATRICK LUCE (Patch Staff)

Children will no longer have access to electronic cigarettes as Massachusetts ups it regulation of e-cigs starting next week.

E-cigs and their accessories, including the liquid and gels used in the vaporizing devices, can no longer be sold to anyone under 18 years of age beginning Sept. 25, after Attorney General Maura Healey granted final approval of the regulation. Also, e-cig distributors will no longer be able to give away the devices as a promotional tool, nor can they give away T-shirts and other promotional items that advertise the devices. Retailers must keep them behind the counter, out of the reach of any customers.

“These regulations make it clear that in Massachusetts, an e-cigarette is a cigarette when it comes to protecting our kids,” Healey has said.

Furthermore, all e-cigs sold in Massachusetts will have to be in child-resistant packaging. That regulation goes into effect in March 2016.

E-cigs are sold as an alternative to traditional cigarettes. Whether they are safer than cigarettes is still in question. They contain liquid or gel nicotine that the device vaporizes, producing no smoke. Smokers exhale an odorless stream of liquid vapor. E-cigs do not contain tobacco, which is loaded with carcinogens, but the Food and Drug Administration has yet to rule on their safety. The federal agency is still studying the risks and benefits of e-cigs as a smoking alternative.

The American Lung Association is urging the FDA to issue a ruling on e-cigs, expressing concerns about the health consequences of vaping and the perception that they are safe. The lung association notes that even in the absence of tobacco, e-cig vapor still contains several known carcinogens, including formaldehyde, benzene and “tobacco-specific nitrosamines.”

“The American Lung Association is concerned about the potential health consequences of electronic cigarettes (e-cigarettes), as well as the unproven claims that they can be used to help smokers quit,” the association said in a statement, expressing further concern about e-cigs being a gateway to cigarettes for young people, and the unknown health effects of second-hand vapor. “While there is a great deal more to learn about these products, it is clear that there is much to be concerned about, especially in the absence of FDA oversight.”

Until Sept. 25, e-cigs and their accessories are legal to sell to minors, but many retailers have declined to sell to minors, following the state regulations for cigarettes, which prohibit sales to anyone under 18.