Mismatched tobacco laws could put federal funding for NC at risk

North Carolina came close to losing up to $17 million in block grant funding from the federal Substance Abuse and Mental Health Services Administration because close to 20% of retailers weren’t complying with federal and state laws regarding tobacco sales.

At the time, those laws prevented the sale of tobacco products to people under 18.

“We came close to the 20% threshold but we made a tremendous effort to reduce that number,” said Jessica Dicken of the N.C. Department of Health and Human Services.

But now she and Jim Martin, of the N.C. Division of Public Health, said they have a renewed concern about meeting that threshold. That’s because since Dec. 20, federal laws ban tobacco sales to people under 21. What’s more, state law still legalizes sales to those over 18.

The health officials detailed their concerns to members of the N.C. Courts Commission on Friday.

Age to buy is 21 under federal law

Since selling tobacco to minors under 21 is federal law, it is upheld in North Carolina only by the Food and Drug Administration. The state’s Alcohol Law Enforcement agency cannot uphold the law.

If a retailer is not in compliance, Dicken said, the FDA could fine the business up to $10,000 or issue a cease-and-desist order preventing tobacco sales altogether. Under North Carolina law, anyone selling tobacco products to anyone under 18 years old could face a class 2 misdemeanor charged by Alcohol Law Enforcement.

When North Carolina came close to having more than 20% of stores out of compliance, lawmakers created a $300,000 annual budget to educate retailers about the law. And that helped.

But the FDA has state officials send minors into stores to buy cigarettes to see if the store is in compliance, and with the new age laws Martin and Dicken worry they’ll fall above that 20% threshold and lose grant funding.

Push for state laws

There’s a push for all states to raise their tobacco purchasing age to 21.

Martin told the committee that more than 90% of tobacco users start before they turn 18. And now with companies like JUUL creating e-cigarette products with flavors like Fruity Pebbles and or bubble gum, more teenagers are trying e-cigarettes.

“Teenagers have said that it seems like it is just flavored water vapors they’re consuming,” Martin said. “But it’s an aerosol with chemicals in it.”

That has led to people developing respiratory and gastrointestinal symptoms, lung injuries and even death. Martin said there have been 58 confirmed cases of e-cigarette illnesses in North Carolina but no deaths. Nationally 60 people have died after using e-cigarettes, Martin said.

And the number of high school students who reported cigarette or e-cigarette use in the past 30 days rose from 1.5% in 2011 to 27.5% in 2019. Some, including adults, are using e-cigarettes to break their habit of using cigarettes or marijuana.

But Martin said that as more information comes out about the harmful effects of e-cigarettes, that number is starting to decline again.

On Jan. 2, the FDA announced a policy that bans flavored cartridge-based e-cigarette products that appeal to kids. If companies don’t stop manufacturing those products within 30 days, they risk enforcement actions.

Several Courts Commission members said they knew teenagers are harmed by e-cigarettes, and the majority agreed that legislative action in the state is needed.

But Martin told the committee that he understands lawmakers likely won’t pick up controversial topics during the short session that starts April 28, especially not before their election.

Rep. Lee Zachary, R-Yadkin, was asked how long to expect the short session to last. “I was just told it will be short,” he said.