The new restrictions are an effort to reduce tobacco usage among youths, as the sweeter flavors of e-cigarettes and flavored tobacco products are seen as more appealing than traditional tobacco products.

For some gas stations and convenience stores, the new restrictions are akin to a ban on the sale of the these products, as setting up an age-restricted area may be very difficult or even impossible.

The restrictions reflect the FDA’s concern that e-cigarette usage, “vaping,” may cause nicotine addiction early in life, affect adolescents’ brain development and lead to regular tobacco usage. Evidently there is reason for concern, as a 2018 New York state health department study of tobacco usage among New York teens showed that for the first time since 2000, traditional cigarette smoking is actually increasing among high schoolers.

Breanne Agett, epidemiology manager for Chautauqua County’s Department of Health and Human Services, acknowledged that “e-cigarettes have a lot of potential for adults using them as cessation tools. The risks are lower than traditional cigarettes. When it comes to youths and pregnant women, they’re still very harmful,” Agett pointed out. “These kids are becoming addicted — the early exposure to nicotine is changing their developing brain.”

Pictured is a JUUL e-cigarette device, which includes the pod cartridge/mouthpiece (left) that holds a liquid pod containing flavor and nicotine, and is then attached to the end of the device.

Schools everywhere, including Chautauqua County, have noted the trend. Beginning this school year, Silver Creek Central School made e-cigarettes/vaping part of the district’s annual drug and alcohol awareness program for incoming freshmen.

In 2016 Chautauqua County was the second county in New York state to enact a law to raise the legal age for tobacco sales from 18 to 21. While some members of the legislature objected to the new law, saying there should be a distinction between regular tobacco and e-cigarette products, an amendment to exclude them was ultimately shot down. In a 2016 report by the state health department, Chautauqua and Cattaraugus counties reported some of the highest smoking rates among adults, 24.7 percent and 28.4 percent respectively, compared to the statewide average of 16.6 percent. While Cattaraugus County also raised the legal age to 21, nearby Erie County has not.

Agett said she is pleasantly surprised by the new FDA restrictions. “We think this is a big step in the right direction,” she said. “Honestly, I’m shocked by how sweeping it is. I wasn’t expecting it so quickly.”

This spring, the county health department held meetings with school officials about e-cigarette usage and found that many districts are struggling with identifying the devices and creating a consistent discipline policy. She said the degree to which schools are noticing usage varies, but even in smaller districts such as Forestville and Frewsburg, e-cigarette usage is on the rise. Agett cited a 2018 study from the state health department that said in 2014, 10.5 percent of high school students in New York were current users. That figure rose to 20.6 percent in 2016 and 27.4 percent in 2018. “More than a quarter of New York high schools use e-cigarettes,” said Agett. “That’s huge.”

Dr. James Tracy, superintendent of Dunkirk City Schools, said they have been seeing vaping among both middle and high school students. “It’s enough of a concern that we’ve included it in our school policy,” said Tracy. “We treat it the same as drugs, alcohol and regular cigarettes. If a student has it in their possession, it will be removed from them and some kind of suspension will follow.”

FILE - In this April 11, 2018, file photo, a high school student uses a vaping device near a school campus in Cambridge, Mass. With the Food and Drug Administration recently calling e-cigarettes an epidemic among teenagers, Arizona is stepping up efforts to keep youths from vaping. Arizona health officials are launching an anti-vape campaign in December and pursuing e-cigarette businesses aimed at minors. (AP Photo/Steven Senne, File)

Silver Creek Central School Superintendent Todd Crandall said e-cigarette usage, particularly the brand JUUL, has been noted among middle and high school students. “It’s no more or less prevalent here than any other school,” Crandall said. “But it’s harder and harder to detect because these devices (JUUL e-cigarettes) are so small — about the size of a USB flash drive.”

Students can have a JUUL in their pocket, cupped in their hands and — perhaps most concerning — right next to their mouths. “From what I understand, there’s a sweatshirt being sold that has a little slot in the hood by the head or ear for the JUUL,” Crandall said. “Now, they can just turn their head and take a puff.” Crandall pointed out that unlike traditional e-cigarettes, JUULs do not give off a large “cloud” of vapor, but do have just as much nicotine as cigarettes — a fact that he believes is most misunderstood by students.

“Ultimately, our concern is that all of these students are being subjected to this new form of nicotine, which we know is addictive, and that they shouldn’t be making decisions about that until they’re older,” Crandall stated.

At Gowanda Central School district, Superintendent Dr. Robert Anderson said e-cigarette usage has been on the rise over the last few years. The school district is in the unique position of straddling two counties, Cattaraugus and Erie, the latter of which still allows the sale of tobacco products to adults 18 and older.

“I’m really supportive of limitations to these products,” Anderson said. “I don’t think kids understand the health implications of using them or the bad habits they can develop. It’s been a challenge for us here.”

Anderson noted how easy it is for 18-year-olds in his school district to buy tobacco products, especially JUULs. “We’re just a hop, skip and a jump from Erie County,” he said. “The JUULs in particular here — they look like memory sticks,” Anderson explained. “It makes it really hard for teachers or parents to recognize them, and easier for kids to conceal them. This product really allows vaping to be a very secretive thing with young people, which probably makes it even more appealing.”

Anderson and Crandall noted that e-cigarettes, such as JUULs, don’t have the same distinct odor of cigarettes, especially the sweet flavors. “Anecdotally, I would say regular cigarette smoking has definitely decreased, but vaping has increased. It’s a rarity anymore that we catch kids smoking tobacco,” Anderson said. “But I don’t think kids realize that ‘JUULing’ is necessarily a health concern. I don’t think they’re equating it with smoking.”

Like Dunkirk City Schools, Gowanda Central School treats e-cigarette products the same as other drug, alcohol or tobacco products on campus, and altered their policy to include it several years ago. “I applaud the FDA on its stance on the product and for looking out for our youth,” Anderson stated. “Our job is to look out for them and their health and safety.”

Agett said the county health department is looking out for students, too. “We at the health department are working with local partners like CASAC, BOCES, Tobacco-Free WNY and others, to provide resources to the school districts to help educate teachers and parents,” she said. These resources, which are being introduced to districts this school year, are a result of feedback from last spring’s meetings.

A 21-year-old SUNY Fredonia student, who asked not to be named, disagrees with the idea that the FDA’s new crackdown is going to be effective. “I can just go online and buy whatever flavors I want,” he said. “Then I could turn around and sell them to anyone.”

Although the student does not describe himself as a regular vaper, he admitted to having smoked e-cigarettes on multiple occasions, and understands the addictive nature. “The whole point of a JUUL pod is one JUUL pod is the equivalency of a whole packs of cigarettes,” he said. “If I just take three hits off that JUUL pod, it will still make me feel like I smoked a whole cigarette because of that whole head rush it gives you. There’s so much nicotine jam-packed inside that one pod.”

When asked if he thought vaping was healthier than smoking cigarettes, he replied with an emphatic, “Yes.” He continued, “You don’t have all the other chemicals in cigarettes, like rat poison, tar, petroleum. That’s not in the JUUL though — just the nicotine is in there.”

The OBSERVER asked the student what he thought about middle and high schoolers smoking e-cigarettes. “In my opinion, I would rather see a middle schooler smoking a JUUL than a cigarette, you know? Do I personally think they’re bad? No, but I don’t think that kids 12 or 13-years-old need to be having them. It’s a pretty young age to get addicted to nicotine.” On that point, it seems that he and the FDA are in total agreement.