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BfTG’s booth at InterTabac 2024. Photo credit: BfTG
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Philip Drögemüller, managing director, BfTG. Photo credit: BfTG
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Aron Byrne-Carter, managing director, NGP Trends Ltd. Photo credit: NGP Trends
Age verification is not perfect yet, but new apps could be game changers.
In most developed countries, purchasing and consuming cigarettes, heated tobacco products (HTP), nicotine-containing vapes, and/or pouches is permitted from age 18 onward, while in a small handful of nations the minimum age is set at 20 or even 21. However, despite all laws, minors mostly have little trouble accessing products they are not supposed to obtain. Although employees of brick-and-mortar retail stores are legally required to verify the age of young-looking customers before a transaction, it is not as simple when it comes to online stores.
Although age verification systems, particularly for online sales, have been around for years, older systems can easily be outsmarted. For instance, a pop-up window only asking website visitors to “confirm” their age from a dropdown list is certainly not adequate. At the very least, a new online customer should be required to submit a government-issued ID document when registering their account. Yet even that is not completely tamper-proof.
Two-step verification in Germany
In the European Union (EU), Germany uses two-step age verification for online orders. “This process, which is mandatory by law, firstly requires web store operators to subject any newly registering account owner to a reliable age verification method [such as uploading an ID] before they can even begin placing an order,” explained Philip Drögemüller, managing director of the “Alliance for Tobacco-Free Pleasure” (Bündnis für Tabakfreien Genuss or BfTG). “As a second verification step, the customer must again present proof of legal age when taking delivery of the ordered goods.”
Drögemüller insisted that, in BfTG’s opinion, the two-step system is adequate and reliable, but also conceded that “it only works as intended if it is applied to the entire ordering process, including product delivery.” He added that merchants are liable for prosecution if they violate the provisions. “Besides, protecting minors should be a matter of course for any responsible merchant.” Drögemüller remarked that BfTG expected age verification methods to evolve further as available technologies improve. “We at BfTG are wide open to embrace any future optimizations in this area – though the present system that I described really works quite well.”
No unified system in the EU
Similar methods have been deployed in other EU countries. But, a single EU-wide age verification method remains elusive. However, Aron Byrne-Carter, managing director of UK-based NGP Trends Limited, pointed out that “we are seeing some attempts at developing systems such as the EU Digital Identity Wallet [EUDI], which is to provide EU citizens with a safe, reliable, and privacy-enhancing means of digital identification.” The wallet, he said, would come with user-specific digital IDs for verifying personal information such as identity and age. It therefore could potentially serve as an age verification system across the EU, not only for nicotine products but for any age-restricted goods in general.
In Byrne-Carter’s native UK, one of the most common forms of age verification used for online purchases is by electronically checking consumer credentials against official records such as electoral rolls, for example. “This [record checking] is usually accomplished by a third-party provider on behalf of the online vendor,” Byrne-Carter explained. “And it is further strengthened by the consumer being required to submit a photo ID, like a passport or driver’s license.” In that sense, the UK system is quite reminiscent of what online shops in the EU are practicing.
Bluetooth connectivity for unlocking the device
Yet another potential layer of security to prevent minors from laying their hands on actual vaping or HTP devices could be to dispatch the devices “in a locked state,” according to Byrne-Carter. He said that such a system, which utilizes bluetooth connectivity, has already been trialed. Upon taking delivery of their locked gadget, the recipient needs to bluetooth-pair their mobile device with an age-verified app to unlock and use the product. Even more interestingly, the product can only be used while it remains paired. “If it gets into the hands of someone who does not have the age-verified app, it will lock up again to prevent use,” said Byrne-Carter.
In addition, the app could also provide further prevention features through GPS monitoring, such as geo-fencing. “When the GPS data suggests that the device in question is currently moving into [or is physically located in] restricted areas such as schools, it would automatically lock and prevent use.” Nevertheless, Byrne-Carter also identified a drawback of connectivity: “It adds an extra step for the user and might complicate usage. Having to download and pair a device with a connected app might be a barrier for some adults.”
Facial age verification technology could be a solution
As we already mentioned, few of the current commonly used age verification methods are 100% tamper-proof. “Yes, there are workarounds,” confirmed Byrne-Carter. “An underage user could indeed use an adult’s credentials and photo ID, or an irresponsible adult could purchase the product on [a minor’s] behalf.” But, he added that some stores have already adapted the use of facial age estimation through third-party providers, such as YOTI. “A user would take a live selfie [during the verification process] and the app’s algorithm instantly estimates their age based on their face,” said Byrne-Carter. If indeed working as described, Tobacco Asia suggests that this would add an additional layer to already existing two-step verification systems, provided it can be integrated with ease.
In the end, Byrne-Carter said, it was important “to consider age verification and youth prevention needs at all stages of product development, all the way from manufacturing right down to retail.” However, he added that some manufacturers he and his NGP Trends team spoke to in the past had shown little interest and willingness to invest in developing more advanced age verification technologies. “They believe the responsibility lies on the brand and retailer.”
Age Verification for HTP in Japan
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HTP products in Japan typically contain nicotine, hence their sale in Japan is subject to the same laws as combustible tobacco products. For instance, the minimum age for legally obtaining HTP products, including the devices, is 20 years. However, a limit for how much nicotine a HTP product may contain does not exist. Additionally, there are currently no flavor restrictions.
Like cigarettes, HTP devices and heat sticks can be purchased from Taspo card-enabled vending machines. Individuals must apply for a Taspo card either via the dedicated taspo.jp website, or in person at any tobacconist against presenting a government-issued ID and a recent photograph. The card is also accepted in physical stores as an age verification method. Alternaively, tobacconists may ask for a government ID instead.
The card, which also bears its owner’s registered residential address, is issued free of charge and there are no annual fees. Though an administrative fee of ¥1,000 (US$6,40) is payable in case of loss or theft or when the card must be replaced due to a change of residence. Currently, the card cannot be used for web shop purchases and instead a two-step age verification method reminiscent of that used in the EU is deployed.