Another Santa Clarita vape shop sold e-cigarette products to at least one minor, a KHTS investigation uncovered — the second shop to be found doing so in the past week.

After releasing a video showing a Saugus vape shop selling to a minor without checking for ID, KHTS received numerous tips that “iDrip” in Saugus was selling to underage customers in the Santa Clarita Valley.

“I have also been very concerned with these Vape shops,” said Joe Messina, governing board member for the William S. Hart Union School District, who was one of the people who told KHTS about iDrip. “Many times I see junior high school kids coming out of these places. I can’t imagine what they would be buying in there. My understanding is they’re not allowed to be in there.”

KHTS went undercover to investigate the complaints about the vape shop.

The Law

The sale of tobacco products and electronic cigarettes to persons under the age of 21 is prohibited, under the California Penal Code.

The law was changed in 2016, when the California legislature approved a bill to raise the smoking age from 18 to 21.

While public health officials have conceded that e-cigarettes could give adult smokers an opportunity to kick tobacco products, experts at the Food and Drug Administration (FDA) have expressed that the remain convinced that the e-juices have the potential to do more harm than good.

Santa Clarita addiction expert Bob Sharits, program director for The Way Out Recovery SCV, has seen this first hand, noting almost all of his clients smokes cigarettes or vapes.

“The youngest that we have seen is 15, but there are some that are much younger than that,” Sharits said. “There is a lot of peer pressure for kids to vape; (they) think it makes them cool, they want to belong.”

The California Revenue. & Tax Code defines tobacco products as “a product containing, made, or derived from tobacco or nicotine that is intended for human consumption. Tobacco products also include electronic cigarettes.”

Under the same code, electronic cigarettes are defined as “any device or delivery system sold in combination with nicotine which can be used to deliver to a person nicotine in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.”

The Video

A KHTS reporter, who is under the age of 21, went to the iDrip location on June 27 and purchased a canister of e-liquid, commonly referred to as “vape juice.” At no point during the transaction did the employee ask to see an ID, leading to the illegal sale of a vape product.

KHTS contacted the owner, Eyad Rihani, known as EZ-E by his clients, who declined to comment on the situation.

The Penalties

The FDA is responsible for regulating and enforcing laws regarding the sale of tobacco products.

The agency only enforces the federal minimum age for sales of tobacco products, which is 18. The California government is responsible for enforcing the state age to buy, 21.

“The FDA closely monitors retailer, manufacturer, importer and distributor compliance with federal tobacco laws and regulations, and takes corrective action when violations occur,” said Michael Felberbaum, press officer for the FDA.

For a business’ first violation, no fine is charged, but a warning letter from the FDA is sent. However, if the business continues to be found in violation, the FDA will send Civil Money Penalties, depending on the number of violations (see chart below).

In addition to the Civil Money Penalties, the FDA can also prohibit a business from selling tobacco products if they are continually found to be in violation.

“Under the law, the FDA may pursue a No-Tobacco-Sale Order (NTSO) against retailers that have a total of five or more repeated violations of certain restrictions within 36 months,” reads a statement on the FDA website. “Retailers are prohibited from selling regulated tobacco products at the specified location during the period of the NTSO.”

Ultimately, all of the laws and regulations are in place to keep minors safe from the potential dangers of nicotine addiction, according to Gottlieb.

“We must not lose sight of the fact that for the past several years, e-cigarettes have been the most commonly used tobacco product among both middle and high school students and a total of 2.1 million youth used e-cigarettes in 2017,” said Scott Gottlieb, commissioner for the FDA. “These figures are particularly concerning because youth exposure to nicotine — whether it comes from a cigarette or an e-cigarette — affects the developing brain and may rewire it to be more susceptible to nicotine addiction in the future.”

This article is part of an ongoing KHTS series that investigates the ethical business practices of Santa Clarita establishments. If you are aware of any business malpractices in the Santa Clarita Valley, contact us at newstip@hometownstation.com.

In Santa Clarita, drug issues are a major concern for many. The mission of The Way Out Recovery SCV is to provide high quality, effective alcohol and drug rehab outpatient services to the Santa Clarita Valley. The Santa Clarita rehab’s goal is to assist adolescents, adults and their loved ones in becoming happily and usefully whole, free from drug addiction. Those seeking alcohol and drug treatment in Santa Clarita, a drug rehab in Santa Clarita or a teen drug rehab can rest assured that The Way Out Recovery SCV’s philosophy is to teach life-long coping skills and strategies to assist in improving quality of life and living happily and meaningfully without the need of destructive behaviors.

The Way Out Recovery SCV

28118 Bouquet Canyon Road

Santa Clarita, CA 91350

(661) 296-4444

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