Handful of 'bad actors' selling vape products to underage youth in Windsor-Essex, health unit says
There's growing concern about access to vaping products by underage youth in Windsor-Essex, and the health unit wants the province to put additional penalties in place for retailers who sell these products to minors.
At a meeting on Thursday, the Windsor-Essex County Health Unit agreed to ask the province to start treating vape shops that break the rules the same as tobacco retailers.
Eric Nadalin, the unit's director of public health programs, said data from the 2023 Ontario student drug use and health survey suggests that 25.6 per cent of youth who have accessed a vape product in the region did so through a local store.
While the survey also suggests that 43.4 per cent got access from a friend or from a relative, Nadalin said 25.6 per cent from a store is a concerning number.
"We know that selling to anyone under the age of 19 is illegal, and retailers know that too. We go through extensive efforts to educate them on that regulation," Nadalin told CBC News.
"So, when a retailer sells a vape product to a youth, they are knowingly doing so or they're knowingly choosing to not ask for identification."
Eric Nadalin, the director of public health programs for the Windsor-Essex County Health Unit, says 'when a retailer sells a vape product to a youth, they are knowingly doing so or they're knowingly choosing to not ask for identification.' (Kathleen Saylors/CBC)
Tobacco retailers who have two infractions to the provincial regulations in a five-year period face suspension for a period of time from selling products. While vaping shops face increasing fines, there's no long-term consequence. The health unit plans to send a letter to the province by the end of this week advocating for a change in the rules.
Nadalin said if the province approves the health unit's request and restricts the ability of retailers to sell as a result of multiple infractions over a short period of time, it "will help to encourage compliance with the regulation."
The health unit has five tobacco and vaping enforcement officers who are responsible for conducting between 1,500 and 2,000 inspections every year.
Last year, out of 332 vape shop inspections, 20 charges were laid related to shops selling to someone younger than 19.
"That's very concerning for us, but what it does point to is, you know, a handful of bad actors, in terms of store owners in our community that aren't in compliance with the Smoke Free Ontario Act, which includes regulations for vaping products," Nadalin said.
Too many restrictions, vape shop manager says
Joseph Gonsalves, general manager of Bravo Vape, said the government has already established that it's illegal to sell vaping productions and tobacco products to minors and that should be enough.
"I think there's too much restriction in life as it is already," he said.
"I say no to any more restrictions. We know right from wrong. It's illegal to sell to minors and that's our intent. We're not going to sell to minors, we don't need restrictions."
Bravo Vape has been in operation since last July and Gonsalves said it has been charged once for selling to a minor.
City has option to suspend licence
The City of Windsor's licensing board has the option of suspending the municipal business licence of operations that habitually operate in bad faith or outside of the law.
However, Ward 7 Coun. Angelo Marignani, who is on the board of health, says he thinks, "we can do more with the health unit."
When it comes to vaping and the products being sold to minors, Marignani said a favourable response from the province would "put some teeth" in the laws.
"We have health laws, so you cannot sell to minors. If you choose to sell to minors, you have to deal with the consequence," he said.
Marignani has this word of caution to kids in the region: "Don't start vaping — plain and simple. It's a dirty habit. We don't know the long-term effects of it and it's not something that you should do. Go outside, enjoy this beautiful day instead."
