Undercover Report: Selling Electronic Cigarettes to Children at the Mall

NBC Action News, KSHB-TV in Kansas City recently got a call from a parent concerned that his 17 year old teen had seen ECigarettes at the mall. Many malls across the country now have e-cig kiosks and the Oak Park Mall and Independence Center are no different. The station decided to do an undercover investigation to see what this was all about and sent an under aged intern into these two malls to test what e-cig vendors might do if approached by a teen.

What they reported clearly demonstrates some of the controversy and problems with marketing surrounding ecigarettes and the way they are treated in the media, so I thought I should do a little commentary about my opinions on this report.

Kids are Safe in the Mall

The article says this parent was very concerned his child was exposed to such things at the Mall. He contacted the management of Independence Center, where his child was, and demanded action. Then he called the TV station to urge them to expose this.

It's still a concern to parents who thought their teens were safe at the mall.

Now first off, what?? You thought your kid was safe at the mall? Maybe I'm a different kind of parent, or maybe I live in a much more dangerous part of the world than Kansas, but I worry MORE when my kid is at the mall than I do when he's out at other places. Malls are not safe places for kids on their own. Neither are they a place where teens should be hanging out, but they are a very popular place for teens to do just that, so I guess we do need to look out for them?

A quick rundown of the stores at Independence Center however, show that this place, in my humble opinion, has many stores I would not want my teen exposed to. First up is the lingerie stores. Any 15 year old girl can walk into a Victoria's Secret or a host of other stores and buy the most revealing and sexy undergarments, body oils, massage oils, personal lubricants or even edible panties. Then they can wander over to the Piercing Pagoda to get their bodies pierced and then it's off to the Game Stop where they can purchase all sorts of games featuring sex, drugs, murder and mayhem. Or maybe they would prefer to hit one of the music stores where they can buy music that features all those things as well. Studies have shown video games, music and sexy lingerie advertising have a great impact on teens and their outlooks on life. Where is the undercover investigation and call to have these places limited to 18 and over?Where is the call from this parent to protect his child from that?

Maybe the Independence mall and Oak Park are different from my local mall, but I think if our goal is to make the malls safe for kids, then we need to get rid of these stores, all of them. A child should not be exposed to thongs, fishnet stockings, edible panties, personal lubricants, flavored condoms, just about everything sold at Coach House gifts, and the Music and Videos labeled "parental guidance"  should be in the back room with an Id check at the door. We, however, do not demand any of these things from our local malls or the stores that sell such things. And honestly, we shouldn't. Malls do not need to be made "child safe." And kids shouldn't be hanging around the mall on their own anyway.

Bad Ecigarette Sales People

Finding good help these days is hard. Not just for E-cig kiosk owners, but for all retailers. In my neighborhood there are many places where clerks will sell cigarettes to teens. But we don't blame the cigarette companies, or even the convenience stores or gas stations when they do. We chalk it up to bad sales people.

The two kiosks visited by the news channel were no exception.

Rafael Orlan owns the Smoke51 kiosk, and says he doesn't even want kids hanging around his kiosk. "We have signs must be 18 to buy or try it," says Orlan.

However, when our minor and intern went to his kiosk, they were offered an e-cigarette with no nicotine. Our intern asked, "So what's the point of that?"

The salesman answered, "An oral fixation. It just feels like a cigarette if you want to try the zero one I'll let you try it." A few seconds later, our minor was puffing away on a product that looked like a cigarette but supposedly has no nicotine.

We showed the video to Orlan. "He made a mistake. A horrible mistake. He did give her zero nicotine which, I guess he made a judgment call, but it was the wrong call for me," Orlan said. Orlan says he trains he employees to ask for ID.

"Of course they'll take notice of this because he will get fired," Orlan said.

Well done Mr. Orlan!!! Exactly the response that is appropriate. While it may  not be illegal to sell to minors yet, the industry needs to take a hard stance against the selling to minors. Nicotine use and smoking are not for kids. Legal or not, it's our responsibility to insure that children do not take to e-cigs as much as they take to regular cigarettes.

Over at the competition's store, the Smoking Everywhere kiosk, the employee didn't quite have the attitude I would prefer to see, but in the end he did do right and I have to give him credit for that.

"I would let you, I don't have a problem with it, but they would get mad at us. I'm a new employee and got four kids I have to try to support," the salesman at Smoking Everywhere told our minor.

Wickwire is pleased our minor wasn't offered a smoke, and hopes his complaining helped bring about that change.

Independence Center would not comment on our story. We also called the corporate Smoking Everywhere office, and have not heard back from the company.

Smoking Everywhere is missing a chance here, were it me I'd have responded with "of course we don't sell to teens." And my policy would be the only appropriate response to a teen inquiry at my kiosk is "get lost kid, these are not for you."

Ecigarettes should not be sold to teens. They are for adults. I disagree that fact should keep them out of malls for malls are filled with products intended for use by adults and I'm not really in favor of this new trend to "kid proof" everything.

But Mr. Orlan had the right attitude. We find sales people selling to children and they are fired. A manufacturer finds a distributor who sells to children and their agreement is shredded. That's the attitude the entire industry needs to take. Otherwise, the "won't someone save the children" crowd will be more than happy to use the ammo we so foolishly handed to them to shoot us with.

Flavors are for Kids

This is a trend in modern society that really bothers and frightens me. In recent months we've outlawed flavored cigarettes and i'm sure other flavored products, perhaps even alcohol are next if we don't stand up right now and say "enough."

The report quotes:

The Food and Drug Administration (FDA) is also concerned about the product being targeted to teens.

It currently bans flavored cigarettes fearing they target children, but flavored e-cigarettes are allowed.  ...

"They are also available in different flavors, such as chocolate and mint, which may appeal to young people," the FDA says.

This is a dangerous attitude. Just because something is flavored and tastes good does not mean it's "marketed to children." I'm all for protecting kids, but let's not ruin the world for the rest of us in the process. There are many flavored things out there I would find not appropriate for kids. Do I think we need to ban flavored oils, coffee, liquour, condoms, panties, lubricants, fiber rich cereal, cough syrups and the plethora of other flavored things? No, of course not. That's insane!!

But, of course, it's a popular idea now that flavors = children, and the news story latches on to that to demonize ecigarettes. This is something straight out of the anti smoking groups guide for activists. 

In Independence Center, the flavors were pushed to a minor we sent to the kiosk.

"Most girls really like it again my wife absolutely loves the blueberry. It gives you Vitamin D and it gives you the exact same thing you get out of a regular cigarette the only difference it's not killing you," the salesman said at Smoking Everywhere.

E-cigarettes are available in a variety of flavors and have different levels of nicotine.

Again, what is wrong with flavors? I may be 40 and call me a big kid, but my coffee is chocolate and vanilla and I do enjoy a cherry or blueberry flavored something or other once in a while. Flavors do not equal children. It's time we stood up and said enough when such outrageous claims are made. If we let this continue, not only will our children be eating more and more bad things like flavored sugar cereals and soda pop, but the rest of us are going to be stuck with bland tasting everything in the name of "protecting the kids." It's outrageous and it's insane. And it's time adults stood up and said "enough. Flavors do not equal children."

Should Ecigarettes be Kept out of Malls?

Perhaps. Selling them in Malls just seems to provide plenty of ammunition to the anti smoking groups. Somewhere down the line we as a society have decided malls need to be kept "kid safe". Of course not when it comes to places like Victoria's Secret or Coach House, or the music stores or the video game places, but that's a discussion for another time.

As for the concerns raised by Wickwire (the parent who complained), Salmon (Matt Salmon of the ECA) shares his belief that e-cigarettes should be pulled from malls. 

"I don't think there's enough safeguards in kiosks in malls to keep them out of the hands of children," Salmon said.

He even agrees with banning the flavors if that will protect more children..

While i totally disagree with Mr. Salmon about flavors it does seem there are not enough safeguards in mall kiosks to keep unscrupulous salespeople from doing stupid things. Since i'm in the minority regarding keeping malls completely "kid safe" and the "flavors = children" mentality is quickly gaining ground, perhaps it is time to take ecigarettes out of the mall, for the sake of the entire industry.

I'm sad to say it. I really am. Malls are a great place to get the word out about e-cigs and many dangerous and questionable things are sold each day in Malls around the world. But if the industry wishes to survive and avoid irrational fear mongering by the anti smoking groups, the FDA and over reactive parents like Mr. Wickwire and seriously slanted reports like the one from KSHB-TV, we may need to pick our battles and know when it's prudent to retreat to live to fight another day.

The simple fact is the "Won't someone save the Children!" crowd have the high ground. Until we as a society remind ourselves that while we must protect children from harmful things, we can't throw the baby out with the bath water in the process, perhaps it's time to back off and let them win this battle so that we can survive to win the war.