Minnesota sends a warning shot to retailers selling kid-friendly e-cigarettes

Minnesota Attorney General Keith Ellison is putting thousands of retailers on notice that they could face civil litigation and fines if they keep selling e-cigarettes designed to entice kids.

Ellison on Thursday said that more than 5,000 businesses would get a warning letter alerting them about a new law that took effect early this month. The law prohibits advertising, selling and distributing e-cigarettes that “are described or depicted as imitating candy, desserts or beverages that are commonly marketed to minors, that imitate school supplies or that are based on or describe characters that appeal to minors.”

Ellison pointed to vaping devices that resembled highlighter pens and small video gaming systems and said retailers were using the kid-friendly designs and flavors to market to young people. While the first step would be a warning, those who continued selling the products to Minnesotans could face consequences, he said.

“Someone has to step in here, and that’s what we’re doing today. It’s like playing Whac-a-Mole with these folks,” Ellison said. “We’re not looking to punish business owners operating in good faith, who are just unclear as to what they can and cannot legally sell. We just want these products off the shelves.”

He said those found to sell products in violation of the law could face $25,000 fines for each infraction and civil penalties. Tobacco prevention and substance abuse counselors said kids and young adults are more easily hooked by flavored e-cigarette and nicotine products.

And breaking the cycle of addiction to the products can be a challenge for them, said Colleen O’Neil, chemical health prevention specialist for Mounds View Public Schools.

“Many are missing class, hiding in bathrooms, locker rooms or anywhere they can just to take a hit. Some students are emboldened enough to do it even in the classroom,” O’Neill said. “Each product that becomes a new fad on TikTok or other social media platforms continues to be more inconspicuous than the previous one, making it more attractive to our youth and more problematic for those of us in the educational setting.”

Mason Schultz is a rising senior at Mahtomedi High School and spoke at the news conference. He said a number of his peers vape or use smokeless nicotine products at school. Schultz said he was first offered an e-cigarette when he was 12 and the products are easy to buy, even as a minor.

“I’ve recognized over the years, throughout high school that some of my friends have completely changed with the vape issue, people’s mental health has been deteriorating,” he said. “Addiction has been running rampant, and people are becoming reliant on these tools to help them operate in their daily lives. It’s been getting out of hand.”

Ellison encouraged people who saw e-cigarette devices on sale in violation of the law to report them to his office for possible law enforcement action.

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