George Pearson, Megan C. Diaz & Jennifer M. Kreslake

Based out of California, Smyle Labs is a producer of atomizers, batteries, cartomizers, clearomisers and empty tank systems. While, officially describing itself as a “trendsetter in the aromatherapy accessories industry,” it is clear that Smyle Labs produces products intended for cannabis and nicotine users looking for novelty products or to conceal their use.  

 

While their website does not outright advertise that their products can be used to vape nicotine or cannabis, they regularly use slang for cannabis vape devices such as “carts” (i.e. cannabis oil cartridge), and have named their marquee product a “penjamin” (i.e. vape pen). Additionally, their marketing materials suggest using the product as a cannabis vaporizer. For instance, on their Instagram account (with over 324,000 followers), they posted a video with the slogan “POV: you found a way to get lit anywhere” (see figure 2 below). Another, post for a Harry Potter themed product, has the caption “420 points to Spliffindor.” 

 

 

Smyle Labs offers a range of novelty products with a high potential for youth appeal. These include vaporizers modelled on a novelty ray gun and a fashionable purse. Several of their products show clear resemblance to intellectual properties popular with youth, such as a product modelled on a Pokeball, a TNT box from Minecraft and the collectible Labubu toys (see figure 3 below). They also produce a remote-controlled anthropomorphized robot vaporizer called “Robotjamin”, which bears a striking resemblance to the Disney Pixar character Wall-E (see figure 3 below).  Marketing content using anthropomorphized non-human characters have been shown to be appealing to youth.  

It is not just the youthful aesthetics of their batteries that are likely to appeal to youth. They also produce “discreet” products designed to conceal the device’s purpose. For instance, they produce a vaporizer batteries disguised as a ballpoint pen, a lip balm and an asthma inhaler (see figure 3). The selling of discreet or hidden vaporizers has been noted as a youth appealing tactic in wider literature.  

 

Smyle Labs’ Age Policy stipulate that their products do not contain nicotine or tobacco derivates, without mentioning cannabis. Further, they specifically mandate that purchasers must be 18 years of age or older, although the legal federal age for nicotine purchasing in the United States is 21 years of age. 

Both the youthful/playful aesthetics and concealable design are repeatedly praised in their more than 10,000 five-star reviews.  Reviews included statements such as: “I actually use it during class & have gotten away w/ it thus far”; “Big w take it to school and everyone thinks its cool and want to get one!!!”; and “I do not smoke THC, so I gave it to a college friend who does. They loved using it to get zooted and write notes in class”. See figure 4 for more examples.  

 

Their advertising materials also seemingly court youth. Their website features an edited image from the Harry Potter films with the school-aged Harry Potter holding their “wandjamin” – a vaporizer hidden inside a toy wand (see figures 1 and 3). Furthermore, their Instagram account posts videos promoting the use of the battery in class settings. For instance, one Instagram video has the caption “How to confuse everyone in class”. The video shows a first-person perspective of writing with the pen in a notebook before revealing the hidden vaporizer and inhaling from it before the view becomes hazy (suggestive of the psychoactive effects of cannabis). 

At first appearance, Smyle Labs appears to fall in a regulatory grey area not subject to tobacco oversight. Instead, it officially labels itself as an aromatherapy device, with relevant marketing using slang, jokes and word play to hint at cannabis or tobacco use. However, the United States Food and Drug Administration’s (FDA) Deeming Rule from 2016 extends its authority beyond cigarettes, cigarette tobacco, roll your own and smokeless products. More specifically, the deeming rule applies to “components and parts.” These batteries are not accessories; they are instead reasonably expected to be used with or for the human consumption of a tobacco product. Furthermore, the FDA lists atomizers, batteries, cartomizers, digital displays, clearomisers, tank systems, vials that can contain e-liquids and programmable software as examples of e-cigarette components and parts that are subject to the Deeming Rule. Lastly the FDA has cited components and parts in numerous warning letters regarding the sale of e-cigarette products when sold without marketing granted orders.  

Smyle Labs should comply with the regulations set forth in FDA’s Deeming Rule and remove such products from the market.  

 

Authors: 

George Pearson, Ph.D, Schroeder Institute, Truth Initiative, Washington, DC, USA 

Megan C. Diaz, Ph.D, Schroeder Institute, Truth Initiative, Washington, DC, USA 

Jennifer M. Kreslake, Ph.D, MPH, Schroeder Institute, Truth Initiative, Washington, DC, USA