Majority of CBD retailers offering goods to underage individuals

In an ongoing effort to ensure compliance with youth protection regulations, the Institute for Addiction Prevention of pro mente OOÖ has been conducting secret test purchases since 2014, publishing the results annually. The latest findings reveal a mixed picture, with improvements in some areas but persistent challenges in others.

Dietmar Krenmayr, the project manager of the test purchases, reported that newsstands performed exceptionally well in the secret test purchases, with a sales quota of 13.5%. However, the results for CBD products were deemed not satisfactory, with 16 of 38 vending machines allowing minors to purchase CBD products despite electronic age controls.

The rise in youth consumption of CBD and e-cigarettes, including vaping of synthetic cannabinoids, has been a significant concern. Despite regulations, the use of these substances among adolescents has increased significantly from 2021 to 2023, indicating limitations in preventing underage access and use.

E-cigarette brands such as Juul remain popular among youth, with 12.6% of surveyed U.S. youth reporting current use in 2024. This has prompted criticism from public health advocates who see regulatory moves as insufficient to prevent youth access.

To address these challenges, public health policies are urging targeted interventions and stronger regulatory oversight, especially to control synthetic cannabinoid products and ensure safety and quality controls not currently in place.

Innovations to prevent unauthorized sales to minors often focus on enhancing age verification through technological means such as electronic ID scanning and real-time age verification systems integrated into point-of-sale (POS) devices. The use of such systems could potentially reduce the number of successful test purchases by minors, as was the case with a large retailer in Upper Austria that has already introduced support in its checkout systems that prevents the sale of alcohol and nicotine to minors based on the input of the birth year.

However, calculation errors at the checkout are a common reason for minors being able to illegally purchase alcohol or nicotine. In 2024, 66.7% of CBD test purchases by minors were successful without ID checks in shops, highlighting the need for better training and education for retail staff.

The '18 + 7 rule' is suggested as a potential solution for staff to request ID when someone doesn't look 25. This rule, which has been implemented in some jurisdictions, could help to reduce the number of successful test purchases by minors.

In addition to technical improvements, there is increased emphasis on evidence-based policies to reduce youth access, including restrictions on flavorings, packaging that appeals to minors, and better education for retailers to recognize fraudulent IDs and comply with age restrictions.

The consumption of nicotine pouches and e-cigarettes among youth aged 14 to 17 will be included in test purchases starting in 2025, providing further insights into the effectiveness of current regulations and the need for continued improvement.

Provincial Governor Martin Winkler, SPO, expects an improvement in the sale of smokable CBD products in newsstands next year, as more technical aids for staff at the checkout become available to prevent the sale of these products to minors.

In conclusion, youth protection regulations in supermarkets, newsstands, and bars face significant challenges in curbing the underage sale and use of CBD, alcohol, and e-cigarettes, particularly with the rise of unregulated synthetic cannabinoids and persistent youth vaping. Current technical improvements focus largely on electronic age verification and stricter regulatory oversight, but evidence suggests these measures are still evolving amid a complex enforcement landscape.

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