SMOK’s Dedication to Combating Underage E-Cigarette Use

Overview

While currently on a downward trajectory, research suggests that, in recent years, the use of e-cigarettes by minors in the United States has been a significant cause for concern and poses, challenges to public health agencies, schools and parents. In response, federal, state, and local laws and regulations require that e-cigarettes are not sold to anyone under 21 years of age.

Since its inception, SMOK has been committed to ensuring that its products are not seen as attractive by or used by minors. Our purpose as a company is to offer attractive products to existing adult smokers and vapers—not to addict a new generation of children to nicotine. To that end, we have supported the increase in the minimum age for the purchase of tobacco products from 18 to 21 that occurred through legislation in December 2019. We believe that this measure was a critical step in keeping e-cigarettes out of the hands of high school-aged children. We have also included the principle: “No recommendation and sale of e-cigarettes to minors (under the age of 21)” in our corporate code of conduct.

We have also taken concrete steps to ensure that we have strictly followed all relevant federal, state and local laws and regulations, as well as voluntary policies, designed to keep our products out of the hands of minors and to prevent minors from being exposed to advertising and publicity related to our products. Nothing is more important for us as a company than creating a healthy environment in which children can grow and thrive.

MEASURES

To ensure that our products are not sold to minors and that minors’ exposure to marketing content related to our products is minimized, we have taken the following measures:

  • We strictly comply with all federal, state, and local laws and regulations, as well as FDA regulatory policies, related to the marketing and sale of e-cigarettes.
  • We include in our product labeling that our products are only intended to be used by adults 21 years of age and older and may not be sold to minors.
  • We only promote our products for use by existing smokers and vapers, and not for use by non-users of tobacco and nicotine products.
  • All of our social media advertising includes statements such as “No sale to teens,” and “No sale to minors.”
  • We only place internet advertisements, such as banner advertisements, on sites with a target audience that is 21 years of age or older.
  • We restrict our email advertising only to individuals who self-identify as being 21 years of age or older and who smoke or use ENDS products.
  • We take measures to exclude individuals who are under 21 from targeted advertising on any online platform.
  • We only engage with influencers and promoters who are at least 25 years of age for product reviews and videos on platforms such as Instagram, Facebook, and YouTube. These third parties are also required to restrict their followers to individuals who are at least 21 years of age.
  • We only conduct in-person promotional campaigns in specialty vape shops where access is restricted to individuals who are at least 21 years of age.
  • We encourage all distributors and retailers that sell our products to: (i) require potential customers to show a valid, government-issued ID proving that they are at least 21 before entering; (ii) require customers to again show their ID before completing and purchase; and (iii) verbally advise customers that SMOK® products may only be used by individuals who are at least 21 and to avoid using their SMOK® product in the presence of minors.