How are gas stations and vape shops dodging state and federal laws?

Retailers use supplement-style labels, rapidly changing brand names, and ingredients that are not yet scheduled. They exploit gaps between supplement law and drug law, sell under vague 'not for human consumption' disclaimers, and move products behind the counter when regulators begin to notice.

Mothers Against Herbal Abuse (MAHA) was founded by licensed pharmacists and parents who saw how easy it was for kids to buy unregulated psychoactive products. MAHA translates science and policy into clear, parent-focused education and advocacy tools.

Q&A: Plain-English Answers for Parents

Q: What is 'herbal abuse'?

Herbal abuse is the misuse of unregulated or deceptively marketed products labeled as 'herbal' or 'natural' that act like drugs. These items are often sold in gas stations, vape shops, and online and may contain drug-like or synthetic ingredients with stimulant, opioid-like, or hallucinogenic effects.

Q: How are kids being targeted?

Many gas-station and vape-shop products are designed to appeal to teens with bright colors, cartoonish logos, candy flavors, and names that sound harmless. They are displayed next to snacks, energy drinks, or CBD gummies, using packaging that hides the drug-like effects and mimics legitimate products. Lack of age enforcement and misleading 'natural' or 'herbal' labels make them appear safe to young buyers.

Q: How is this stuff legal?

These items slip through loopholes in federal and state law. They are marketed as 'supplements' or 'novelties,' not drugs. Until an ingredient is formally banned or scheduled, sellers can legally distribute it in most states, often avoiding FDA or DEA oversight.

Q: Where does your information come from?

MAHA uses data from peer-reviewed studies, poison-control reports, FDA and DEA advisories, and state medical examiner findings. Each product page includes citations so readers can verify the facts directly.

Straight answers to the most common questions parents ask about “herbal” and gas-station drugs. For state laws, visit What’s Legal in My State?.

What is “herbal abuse”?

“Herbal abuse” means the misuse of products sold as herbal, natural, or plant-based that act like drugs. They often contain lab-made chemicals that mimic opioids or stimulants and are sold as “mood boosters,” “focus enhancers,” or “energy shots” with no FDA oversight.

How are kids being targeted?

These products are marketed to look safe and fun. Labels use candy flavors, neon colors, cartoon icons, or playful names like “ZaZa,” “Trippy,” or “Energy Kratom.” They’re often sold near the candy, sodas, and energy drinks, making them appear harmless. Many stores fail to check IDs, and online sellers offer “discreet shipping,” allowing minors to buy easily. In short, the packaging and placement are intentionally designed to catch a child’s eye.

How are gas stations and vape shops dodging the laws?

Sellers label products as dietary supplements or “not for human consumption” to avoid regulation. They switch brand names every few months and use ingredients that haven’t yet been scheduled by the DEA. Because supplement oversight is minimal, these stores operate in a legal gray zone, moving stock between states when bans occur.

How is this stuff legal?

Loopholes. These items aren’t approved drugs, so unless the FDA or DEA specifically bans an ingredient, it remains legal by default. States vary widely—some have banned kratom or tianeptine; others have none of those protections yet. See our state law index for details.

Who created this group?

MAHA was created by a pharmacist and mother who was horrified to see unregulated, drug-like products being sold openly in gas stations and vape shops, right next to candy and energy drinks. What began as one parent’s outrage grew into a effort to educate families, expose industry loopholes, and push for stronger laws to protect kids. MAHA continues that mission today through data-driven education, advocacy, and community action.

Where does your information come from?

We source from peer-reviewed research, poison-center data, and state and federal health alerts. Every article on our site includes reference links for transparency. MAHA is fully independent and not affiliated with any supplement, vape, or pharmaceutical company.

See also: Letter Templates • Information Center