IMPACT OF INCLUDING ELECTRONIC NICOTINE DELIVERY SYSTEMS (ENDS) IN A STATE INSPECTION PROTOCOL ON STATE RETAIL VIOLATION RATE IN THE SYNAR YOUTH TOBACCO PREVENTION PROGRAM
Johns Hopkins University
Introduction and Background: The Synar regulation (45 C.F.R. § 96.130) is a Federal regulation and program administered by the States that requires enforcement to prevent the sale of tobacco products to those under the legal age of sale. Penalties are given to States that exceed a federally mandated retail violation rate (RVR). Tobacco use is changing with youth use of cigarette smoking decreasing and use of Electronic Nicotine Delivery Systems (ENDS) is increasing. There is a high economic and personal cost of ENDS use, although the full range of long-term negative outcomes of ENDS use are yet to be quantified. States are beginning to include ENDS in their Synar inspections and may worry that inclusion of ENDS may reduce their RVR compliance. Methods: RVRs were collected and listed from each of the 50 States and District of Columbia through manually reviewing each State’s 2020 RVR. Retail Violation Rate was used to compare with inspection of ENDS, presence of a high prevalence of ENDS use in the environment, and presence of regulations of ENDS. Data was collected for State RVR, Retail Availability of ENDS, ENDS Use in State, Use of Under 21 Year Old Inspectors, ENDS Included in Inspections, Inspectors Carry ID, Any Change in Law Regarding Inspections, and Other Changes in State Law. RVRs were dichotomized into categories of high RVR and low RVR and analysis was conducted. Results: Inclusion of ENDS in Synar inspections was not found to have significant impact on RVR. High retail availability and youth inspectors carrying identification had a low association with a State having a high RVR. High ENDS use in a State, changes in state law around inspections, other state law changes, and use of inspectors over the age of 18 were not found to be related to high RVR. Discussion: A State should not be concerned that including ENDS in its Synar inspection protocol will have impact on State compliance with the requirements of the Federal Synar Regulation. These results can allow States to best target prevention resources based on the findings of which variables influence RVR. Best practices to account for these variables can be identified and targeted policies and regulations can be implemented.
Tobacco, Synar, ENDS, youth tobacco, retail, tobacco inspections, FDA, SAMHSA, vaping, prevention, economics of tobacco, PESTLE, tobacco policies,