By John Patterson
There’s no question that underage access to nicotine products is a problem. And yet, in the scramble to protect minors, policymakers continue to ignore a truth that’s just as important: adults have rights, too.
Too often, regulatory proposals aimed at curbing youth vaping end up punishing adults by limiting access, variety, and convenience. We’ve seen this in the form of flavor bans, online sales restrictions, and flat-out product bans.
Look at California: the state banned flavored vapes in 2022 and doubled down with even stricter laws in 2024, forcing manufacturers to certify under penalty of perjury that their products are “unflavored.” Still, a year into the ban, flavored disposables and nicotine pods were found in at least half of the vape shops studied, in direct violation of the law.
While these measures may look good on paper, they often backfire by driving sales underground, pushing consumers toward unregulated markets, and doing very little to actually stop underage use. In fact, despite years of regulation, as many as 43% of underage users still report getting e-cigarettes from retail sources.
There’s a better way: technology that age-gates products directly at the source, not just at the store.
Age-Gating on the Device Instead of the Register
For years, retailers have shouldered the responsibility of verifying age at the point of sale. However, even with training and penalties, enforcement is inconsistent.
Social sourcing (where teens get products from older friends or family) remains a major loophole. So does resale. No policy can fully account for what happens after a product leaves the store.
That’s why age verification must move closer to the product itself.
Consider a vape that simply doesn’t work unless the user has proven they are of legal age, not just once at checkout, but every time they try to use it. That’s the promise of on-device age-gating.
This technology uses biometric signals, such as facial recognition, to authenticate that the person holding the product is a verified adult. No profile match? No nicotine.
At IKE Tech, we’ve developed this technology for real-world use. What makes this approach powerful is simple: a hard stop on underage access without taking adult products off the market.
Technology Protects Freedom of Choice
If we don’t draw the line with smarter tech, adults will keep paying the price for a system that treats them like children.
Adults have long relied on nicotine products, from cigarettes to modern e-cigarettes and pouches. Some use them as harm reduction tools. Others simply prefer them. Either way, they deserve access to legal products without being penalized for the failures of enforcement elsewhere.
If we truly care about adult autonomy, we need tools that distinguish between appropriate and inappropriate use. On-device age verification does just that by setting a high bar for compliance, without removing options for those who meet the standard.
We don’t limit access to alcohol by banning wine. Instead, we regulate how it’s sold and used. The same logic should apply to nicotine.
Ban-First Thinking Has Consequences
Every time lawmakers remove a product from store shelves in the name of youth prevention, they reinforce a false narrative: that adults can’t be trusted to make their own decisions.
This approach also undermines harm reduction efforts. For adults looking to switch from combustible cigarettes to less risky alternatives, fewer options means fewer successful transitions.
In other words, the unintended consequence of blanket bans is likely more smoking, not less. We need to stop treating adult access and youth prevention as mutually exclusive. The right technology can serve both.
Policy Should Reward Solutions That Work
Smart regulation doesn’t come from restricting access, but rather through raising the standard. If a product can prove that it limits underage use by design, it should be treated differently from one that relies entirely on human enforcement.
This is a call to policymakers, regulators, and manufacturers alike: let’s stop settling for blunt-force bans and start building for nuance. Tech-forward compliance tools already exist. They’re ready to be deployed, and they don’t require sacrificing adult rights in the process. Let’s use them.
John Patterson is president of IKE Tech, a joint venture between Ispire, Berify and Chemular to develop secure, user-friendly solutions for age verification and biometric authentication for a range of products, including nicotine vapor devices.
