By Marko Liias / For The Herald
As legislators, we have a duty to protect all Washingtonians, especially our youths, from the growing dangers posed by illegal, disposable vapor products.
This responsibility is even more pressing when it comes to safeguarding vulnerable communities, including young people. As a leader in the Washington state Senate and a strong advocate for the health and safety of our state’s residents, I urge my fellow lawmakers to take immediate action to regulate these hazardous products.
Recent reports from major news outlets like The New York Times, Associated Press, and NPR have highlighted the alarming rise of illegal, disposable vapor products flooding the market. These products are predominantly manufactured by companies linked to the Chinese National Tobacco Co., and their primary targets are our young people. Flavored as fruit and candy, these vapes are designed to appeal to children and teenagers, often introducing them to nicotine addiction under the guise of being a safer alternative. Yet, these products are anything but safe.
A recent speech on the U.S. Senate floor by Sen. Dick Durbin, D-Il., underscored the urgent need for federal oversight. However, it is clear that the U.S. Food and Drug Administration has failed to keep up with the proliferation of these illicit products. Durbin pointed out that the FDA is “nowhere close to meeting its legal mandate to regulate these addictive e-cigarettes.” Despite regulations requiring manufacturers to prove their products are appropriate for public health, tens of thousands of these dangerous devices have slipped through the cracks, finding their way into the hands of our youths.
The FDA’s lack of enforcement and regulatory action is particularly concerning. These illegal, disposable vapes operate entirely outside the FDA’s market authorization process. Without proper review, we have no way of knowing what harmful substances or chemicals these products contain. These vapes are marketed as “beginner-friendly,” with higher nicotine levels, more puffs per device, and lower prices, making them attractive to young, price-sensitive consumers. The result? More than 2.1 million kids used e-cigarettes in 2023, including 10 percent of high school students and 4.6 percent of middle school students. Among these, 89.4 percent used flavored e-cigarettes, showing a significant increase from previous years.
For school aged children including, LGBTQ+ youth, who may already face stressors related to identity and acceptance, the easy availability and targeted marketing of these vapes pose an even greater threat. Studies have shown that LGBTQ+ youth are more likely to use tobacco products, including e-cigarettes, than their heterosexual and cisgender peers. This demographic often faces heightened levels of stress, bullying and social stigma, which can lead to increased substance use as a coping mechanism. Allowing these dangerous, addictive products to remain on the market without regulation only exacerbates these risks.
Washington state cannot afford to wait for federal intervention. We have a responsibility to act now to protect our youth. Other states, like Louisiana, have already implemented successful measures to curb the spread of these illegal products. Louisiana’s state directory law requires manufacturers to prove compliance with FDA regulations before their products can be sold. This law empowers local authorities to enforce penalties against retailers who carry non-compliant products, effectively removing illicit vapes from store shelves.
Washington state should follow suit by establishing its own directory of e-vapor products. By doing so, we can ensure that only regulated, compliant products are available to adult consumers, thereby reducing the risk of youth exposure to dangerous, illegal vapes. By enacting a state directory law for e-vapor products, we can take a significant step toward safeguarding their future.
Let’s work together to make Washington a leader in the fight against the dangers of illegal vaping and ensure that all our youth, regardless of their identity, have the opportunity to thrive in a safe and healthy environment.
Sen. Marko Liias, D-Edmonds, represents the 21st Legislative District, and is a dedicated advocate for public health and safety, committed to protecting the well-being of Washington’s youth.
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