By Ashley Fredde
Be Lanier, a sophomore at Cape Fear Academy, recently turned 16 years old — a milestone that often brings new independence. But for Lanier, it’s hard to think about getting older when she thinks about Solly Wynn, a 15-year-old from Wilmington who died from health complications related to vaping.
“That’s so close in age, and to even think about that is very scary — simply from a perspective of a premature death that could have been prevented,” Lanier said. “This May, next month, he would have graduated if Solly’s Law had been passed earlier.”
Lanier is among nearly two dozen students from 14 counties who congregated at the General Assembly on Wednesday to advocate for H.B. 430, nicknamed “Solly’s Law” after the teen, who died in 2023. The proposal would raise the sales age for tobacco products to 21 and institute a new licensing system for retailers.
Public health officials say that youth vaping is widespread and could keep growing in North Carolina as the state stands among a shrinking number that have not adopted “Tobacco 21” policies to align with federal law.
Teen nicotine use
An estimated 76,000 North Carolina middle and high school students report regularly using tobacco products, according to a 2022 NC Youth Tobacco Survey, with the predominant choice being e-cigarettes. That same survey found that nearly 44,000 high school students and 12,500 middle schoolers in the state vape.
Nationally, e-cigarettes have been the most popular tobacco products among youth for the past decade. But the use of tobacco products among high schoolers in North Carolina (23.8 percent) is higher than the national average of only 18 percent, according to Centers for Disease Control and Prevention data.
The early introduction has created a concerning rate of early addiction for North Carolina youth, with 64 percent of high schoolers and 68 percent of middle schoolers who smoke reporting trying to quit and failing. The increasing concern has prompted the authors of the Healthy NC 2030 report, which identifies key metrics for priority population health indicators, to identify the reduction of youth tobacco use as a priority.
“When we attempt to confiscate these devices, we are not seeing casual use. We are seeing addiction,” Dr. Eric Cunningham, Superintendent of Halifax County Schools said in a news conference at the General Assembly on Wednesday. “Students become aggressive when we take them, students fight, students even run out of the building. Students will do almost anything to get that vape pen back.
“When a young person is willing to risk suspension, arrest or physical harm over a device, that is addiction,” he continued. “I have not seen this level of dependency in schools since we were fighting that other epidemic in the ’90s. This is not a discipline issue. This is not a kids being kids issue. This is a public health emergency.”
Yet North Carolina is one of only six states where people can legally buy vapes, cigarettes, cigars, nicotine pouches and other nicotine products at age 18. This, plus a number of enforcement gaps, has made it difficult to effectively reduce the circulation and use of these products among students.
Enforcement gaps
North Carolina is also among a handful of states that don’t require retailers to get a permit to sell these tobacco-derived products. That makes it hard for law enforcement agents to know where retailers are to even conduct inspections.
“From an enforcement standpoint, North Carolina is currently operating at a disadvantage,” Bryan House, NC Alcohol Law Enforcement director, said at the same news conference.
“We do not have a clear and consistent picture of where nicotine and other potentially dangerous products are being sold across our state,” House added. “The lack of a structured system makes it difficult to track retailers and ensure accountability. Compounding that issue is confusion around what underage actually means. In practice, when state and federal standards are not aligned, it makes consistent enforcement far more difficult for our agents.”
The bill, if passed, would raise the purchase age to 21 and require proof of age for all tobacco sales. It would require retailers to get a permit from the N.C. Alcoholic Beverage Control Commission, give the commission authority to impose sanctions, and require retailers to display signs stating “NC Law PROHIBITS the sale of tobacco products, vapor products, and components by persons under 21. Proof of age required.” It would also make selling or assisting in selling tobacco to anyone under 21 a Class 2 misdemeanor.
Reducing access to these spaces can directly affect youth tobacco use. Research published in the American Journal of Public Health found that COVID-19 restrictions like school closures, stay-at-home orders and the shutdown of vape shops created significant barriers to youth accessing e-cigarettes.
Additionally, data from the 2020 National Youth Tobacco Survey found that youth and young adults between the ages of 13 and 24 used e-cigarettes less during the first year of the COVID-19 pandemic. Around 33 percent of those surveyed reported quitting, with nearly one in five of that number citing inaccessibility.
But limiting accessibility would require retailers to be on board. Compliance reporting indicates that 22 percent of retailers sold tobacco products to underage youth as of 2024, according to a UNC policy brief.
“I know that many underage youth are easily able to illegally walk in, and no one is stopping them,” said Cooper Herrett, 20. “Many of the products being sold in vape shops are illegal. With their bright colors and flavors, they’re made to look like candy and appeal directly to youth.
“While some retailers are doing the right thing, others are not, and that is a problem.”
From video games to vape flavors
While flavors of e-cigarettes or other tobacco products have long been under scrutiny, flavored items still appear and are sold in a variety of packaging. The flavor appeal has been shown to be a main driver of the youth e-cigarette epidemic, and North Carolina middle-schoolers and high-schoolers report using fruit and dessert flavors when surveyed.
Newer marketing tactics that some policy experts argue target youth include disposable vapes that feature video games. One device was reminiscent of “Neo Pets,” with users being able to feed a virtual pet with food earned by puffing — and through a puff count competition.
That competition with other users “gamifies the vaping experience” and could potentially lead to “increased levels of nicotine intake and nicotine dependence,” researchers noted.
“It’s scary to think that the marketing industry acts like vapes are safe, and that’s just not true. Most sellers have no idea what they are selling,” said Gabriel Anderson, a Durham County student. “Most adults may not even recognize a vape. They look like Sharpie markers, highlighters, car keys, small devices that store photos. There’s some you can play games on.”
That lack of recognition makes it difficult for school administrators and parents alike.
“We need resources for prevention, intervention and treatment, not just punishment,” Cunningham said. “To the parents and community members, I am so sorry for your loss. I am so sorry your children are being targeted. These products are engineered to hook them early and keep them dependent. We need your partnership, parents, your vigilance and your voice.”
Early addiction is common. Ninety-five percent of tobacco users start before the age of 21, according to the UNC policy brief. In North Carolina, the results of nicotine and tobacco use claim the lives of 14,200 adults each year, according to the American Lung Association.
Lanier worries about her friends who expressed difficulty quitting.
“I see them now, my friends, their grades are dropping,” Lanier said. “They’re losing interest in their sports. They’re becoming more irritable and they’re starting to just simply not care as much about things that they used to care about.
“It really hurts, and it’s really sad to see my best friends losing themselves to this product where their access could have been prevented.”
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