Circumventing vaping regulations with online marketing and CBD

Vape shops are expanding their product lines to include cannabidiol (CBD) products and strengthening their online marketing in response to tightening restrictions on e-cigarettes, according to a new study conducted by George Washington University in collaboration with Truth Initiative and published in the International Journal of Environmental Research and Public Health[1].

In the United States, recent regulations increasing the minimum legal age for e-cigarettes from 18 to 21 and federal, state, and local restrictions on flavored e-cigarettes are leading to a decline in sales of these products.

Researchers surveyed 60 owners or managers of tobacco and vaping product stores in several US cities (Atlanta, Boston, Minneapolis, Oklahoma City, San Diego and Seattle) in 2021 to better assess the impact of restrictions on e-cigarette sales and the marketing strategies deployed.

Massive use of digital tools and diversification of product offerings

The researchers found that the majority of vape shop owners have a website (65 %), and use social media to promote their products online (71.7 %) with online sales offering (26.7 %). According to the study results, online marketing is the fastest-growing retail segment for vaping products. It is a vital component of vaping retailers' marketing strategy, and its growth reflects a global trend toward marketing and selling these products in this way.

In response to increasing restrictions on e-cigarettes, vape retailers are also expanding their product offerings, particularly to include CBD-containing products. 73.3% of respondents reported selling CBD vaping products, and 80% reported selling CBD products such as lotions, oils, and edibles. Additionally, participants indicated that CBD would continue to be an important part of their offerings, reflecting the rapidly expanding market for this product, whether consumed by vaping or smoking.

Lack of knowledge of current regulations

Regarding regulatory awareness and implementation, approximately 40% of retailers were unaware of or inaccurately reported the provisions of state or local T21 laws regarding restrictions on the sale of flavored e-cigarettes. However, a majority of them responded that these laws were relatively easy to understand and implement.

Participants also indicated that they were not in favor of implementing these regulations for financial reasons, which, according to the authors, underlines the need for regulatory bodies to support these measures in terms of education and controls.

A trend that also seems to be confirmed in France

Vape manufacturers are increasingly advertising their products online and through social media, driven by influencers. Paid content is often difficult to distinguish from organic content.[2]In France, in 2021, manufacturers Japan Tobacco International and British American Tobacco were both convicted of illegal advertising of vaping products. The National Committee Against Smoking (CNCT) had particularly highlighted the massive marketing strategy deployed on online media to promote the manufacturer's vaping products, combining the manufacturer's website and its social networks. [3]-[4]More recently, the aggressive social media marketing strategy of disposable e-cigarette manufacturers has gained attention. Influencers are promoting these products, which are popular with young teens using social media platforms like TikTok and Instagram.

Keywords: Vaping, marketing, social media, minors, regulations, United States, CBD

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[1] Duan Z, Romm KF, Henriksen L, Schleicher NC, Johnson TO, Wagener TL, Sussman SY, Schillo BA, Huang J, Berg CJ. The Impact of Recent Tobacco Regulations and COVID-19 Restrictions and Implications for Future E-Cigarette Retail: Perspectives from Vape and Vape-and-Smoke Shop Merchants. International Journal of Environmental Research and Public Health. 2022; 19(7):3855. https://doi.org/10.3390/ijerph19073855 [2] Everything that is produced and broadcast to the public without any type of financial sponsorship [3] Press release, Japan Tobacco International fined for illegal vaping advertising, CNCT, December 13, 2021, consulted on May 11, 2022 [4] Press release, The Paris Criminal Court upholds the CNCT's claims for compensation against BATF, CNCT, March 11, 2022, consulted on May 11, 2022 National Committee Against Smoking |