State takes aim at underage vape sales

CONCORD — The sudden rise and popularity of electronic cigarettes has proven a challenge for the state agents who are tasked with keeping the devices out of the hands of people under the age of 18.

“This has been on our radar for a while now,” said Mark Armaganian, director of the state Liquor Commission’s Division of Enforcement and Licensing. “I don’t know if I would call it an epidemic, but it is definitely a problem.”

Often referred to as “vaping,” the use of electronic cigarettes by teenagers has been increasing dramatically over recent years. A 2017 youth risk behavior survey administered by the Centers for Disease Control found that about one in four New Hampshire high schoolers had used an e-cig within the past month — far more than had smoked a conventional cigarette.

Electronic cigarettes convert liquid concoctions — often containing nicotine and flavors such as fruit, mint or bubble gum — into a vapor for the user to inhale. The industry has marketed itself as a safer alternative to tobacco, which has left many with the impression that there’s no harm associated with the behavior.

That’s a false impression, said Armaganian.

“It is not harmless water vapor,” he said. Armaganian said the vapor contains many chemicals that could be dangerous to the user’s health.

“Aerosol is the key word here … In this aerosol there are heavy metals, there are refined particle members, and sometimes nicotine.”

And, yet, many young people are engaging in the behavior. When previously asked by The Laconia Daily Sun, the principals of Laconia, Inter-Lakes, Gilford and Belmont high schools all listed vaping as one of their top concerns for their students’ health.

Even more troubling, many students reported that they are able to walk into stores and purchase vaping supplies, whether or not they’re of legal age to do so.

“It strikes very close to the heart,” Armaganian said about that claim. “We are dedicated and committed to regulating this industry, and keeping everybody safe and keeping within the bookmarkers that are set forth in state laws and regulations.”

The Liquor Commission polices its tobacco licensees through the use of sting operations it calls “compliance checks.” The checks are carried out by a person either 15 or 16 years old — and they have to look like their age, he said — who attempts to make a purchase at a store.

As of Sept. 30, there were 1,546 establishments licensed to sell tobacco or e-cig products in New Hampshire. Armaganian’s division performed 1,140 compliance checks for tobacco, and those checks resulted in 28 establishments that allowed the 15- or 16-year-old to make a purchase of either a tobacco or e-cigarette product.

Six of those establishments were in Belknap County, and two of them were on the list for selling e-cigarettes to the minor. They were the Belmont Village Store in Belmont and the Mobil/Meredith Station in Meredith. Other Belknap County stores that sold tobacco products to minors were Alton Village Store and Gas in Alton; Circle K in Laconia; Hermit Woods Winery in Meredith, and Mobile/New Hampton Convenience in New Hampton.

When a licensee is found to be in violation, Armaganian said there is a range of enforcement options available to his agency.

“It could be anything from a written warning, all the way up through suspension of license, depending on how many infractions there were and the seriousness of the infractions. We like to be progressive,” he said.

All six Belknap County businesses found to be in violation were issued a written warning. Those that were in violation once can bet on the state’s undercover agent returning later for a follow-up check, he said.

The development of the vaping industry has thrown a curveball to regulators. Devices — especially those made by industry giant Juul — can be made to look like a range of innocuous and easily concealable small objects, such as a USB drive.

“We do have some hurdles in enforcement that we have in every area of law enforcement, such as the ability to conceal. At the end of the day, through our underage buyers and enforcement efforts, we’re excited to make a difference in this issue,” he said.

Armaganian is working with non-governmental advocacy groups to spread awareness about the hazards of vaping, and is interested in speaking with young people about what they’re seeing in their schools and neighborhoods.

Whether its licensees, underage people or their parents, he said he wants people to understand that vaping is not a safe behavior.

“I think parents really believe that this is really similar to the vaporizer in the bedroom, it’s OK to ingest through inhalation and exhalation. At the end of the day, they don’t realize that it’s an aerosol, not water vapor. This aerosol has particles in them, and you’re ingesting them into the body. There’s an education piece that we’ve been adding to the enforcement efforts,” he said.