The Bergen Record

Clifton urged to crack down on some vaping businesses

- Matt Fagan NorthJerse­y.com USA TODAY NETWORK – NEW JERSEY

CLIFTON — City officials need to mount a campaign against the sale of vaping products to all minors, said Clifton Against Substance Abuse, the municipal alliance formed to bring awareness of the dangers of misusing alcohol, drugs and other substances.

Most recently, CASA asked the City Council to allow it to form a committee that would make recommenda­tions to the state’s Division of Taxation on whether specific retailers that have repeatedly violated laws should have their licenses suspended or revoked.

Tom Whittles, CASA’s president, said the number of stores that sell vaping products has greatly increased in recent years, and so has the number of fines levied. Often, the stores are near schools and other places where children are found.

In its annual 2022 report, the city’s Health Department highlighte­d employee Layal Helwani, “also known as the ‘Anti-Vaping Queen,’” who aggressive­ly stepped up the department’s Tobacco Age of Sale Enforcemen­t program.

Layal sent underage students into establishm­ents that sell tobacco products and had them try to purchase tobacco products and flavored vaping products, the report said.

“Unfortunat­ely, we found numerous retail store owners selling to minors, and illegally selling flavored vapes,” the 2022 report reads. “Layal issued summonses to these violators which resulted in over $40,000 in fines.”

Whittles said that even with the number of fines issued in 2022, businesses have not been dissuaded from selling vaping and flavored vaping products to those under the age of 21. There is also a concern that some smoke shops are selling cannabis-infused vaping cartridges.

“We want something with some teeth to go after repeat offenders,” Whittles said.

Since 2019, the city’s Health Department has been conducting sting operations against retailers that sell vaping products to minors.

At that time there were about 10 stores that were selling a substantia­l proportion of the vapor-nicotine products to minors.

In 2019, the city’s tobacco enforcemen­t program sent underage buyers to 95 e-cigarette businesses, said city Health Officer John Biegel. Of those, 21 sold vaping products to minors, he said.

At that time, CASA asked the city to look into adopting more stringent measures. Currently, retailers caught selling to those under 21 are fined $250 for the first infraction, $500 for the second and $1,000 each for subsequent violations.

After four years of conducting sting operations, CASA members said the city is not doing enough or moving fast enough to address the problem.

CASA proposed a committee that includes one of its members, the city’s health officer, the city’s medical director and the president of the Board of Health to examine the repeat offenders and make recommenda­tions on whether to suspend or revoke their license to sell the products.

The City Council, however, said if it comes down to deciding on whether to revoke the licenses, it ought to be done by representa­tives who are directly elected by the people.

Council members said they will set aside time to meet with business owners deemed repeat offenders, which will be determined by the number of times they are convicted in Municipal Court for underage sales, and then decide if they will recommend that their tobacco licenses be suspended or revoked.

“We want something with some teeth to go after repeat offenders.”

Tom Whittles

Clifton Against Substance Abuse president

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