As policymakers seek ways to prevent young people from using tobacco and nicotine, different jurisdictions are experimenting with various approaches. The banning of flavored nicotine products is gaining popularity in restrictive states. However, implementing this strategy in Massachusetts and California has resulted in significant challenges, which can distract from the essential task of preventing illegal sales.
A more effective strategy could involve neither banning flavored nicotine delivery products nor implementing new measures but rather applying a proven and successful method of preventing youth from accessing tobacco and nicotine products.
July marks the 31st anniversary of the Synar Amendment, the first federal law requiring states to enact legislation to curb illicit tobacco sales to minors, to qualify for federal substance abuse funding. Additionally, it has been five years since the implementation of Tobacco 21, a federal law that raised the minimum age for purchasing tobacco products to 21.
Before Synar was implemented, nearly 40 percent of minors succeeded in purchasing tobacco products from local gas stations or convenience stores. However, after decades of implementation, this average has been significantly reduced to only 10 percent nationwide. This success has contributed to the decline in youth smoking. The new challenge is to prevent underage customers from not only smoking but also accessing novel or nicotine alternative products on the market.
The history of Synar provides us with 31 years of compelling data, indicating that enforcement at the retail level is exceptionally effective in preventing young people from obtaining restricted products. As a result of this enforcement, youth smoking rates have significantly decreased. Thus, we can confidently conclude that enforcement measures effectively combat youth smoking. Why else did the FDA Center for Tobacco Products adopt retailer education and materials as one of the first initiatives of its existence?
Additionally, Synar’s implementation has introduced technological solutions that can be easily applied to other tobacco and nicotine products that concern parents and health professionals. Improved ID-scanning technology has been developed, aiding retail compliance and reducing successful purchases by underage customers. This technology can be extended to cover the novel products on the market, avoiding issues caused by flavor bans such as black markets, retailer confusion over compliance and a significant reduction in revenue.
While policy invention appeals to legislators and think tanks, the clearest and most effective approach to persistent issues involves relying on proven solutions, trusting data and expanding established methods.
Instead of invention, which may result in new problems while old ones go unsolved, reimplementing and reinforcing the Synar Amendment approach by applying it to all nicotine-delivery products for individuals under 21 is the most straightforward and most tried and proven strategy to reduce nicotine consumption rates among youths. Doing so can increase our chances of minimizing the number of adults using these products and mitigating any related harm over time.
Federal and state legislators should capitalize on this easy win, broaden the scope of Synar to cover the entire nicotine delivery category, and prepare to win the retail battle every second of every day by strictly implementing and adhering to Tobacco 21.