Recently, the FDA issued a final rule that will have significant implications for tobacco retailers across the United States. This new rule raises the minimum age for certain restrictions on tobacco product sales, in alignment with the Further Consolidated Appropriations Act signed in December 2019. The federal minimum age for the sale of tobacco products has been raised from 18 to 21, a move aimed at reducing underage tobacco sales and protecting the health of young people.
Starting on September 30, retailers will be required to verify the age of anyone under the age of 30 attempting to purchase tobacco products, including e-cigarettes. This is a significant increase from the previous age threshold of 27. The FDA emphasizes the importance of requesting and examining photo identification from individuals under 30, as retailers may struggle to accurately determine a customer’s age based solely on appearance.
In addition to enhanced age verification measures, tobacco retailers will no longer be allowed to sell tobacco products in vending machines in locations where people under 21 are present or permitted to enter. This provision was previously limited to businesses serving those under 18. These changes are part of a broader effort to protect young people from the health risks associated with tobacco products.
Brian King, the Director of the FDA’s Center for Tobacco Products, underscored the importance of safeguarding young people from the harmful effects of tobacco products. Data indicates that a vast majority of U.S. adults who smoke daily started smoking before the age of 21, highlighting the critical role of age restrictions in preventing tobacco addiction and related health issues. The FDA remains committed to enforcing the federal minimum age of sale for tobacco products, with a focus on compliance and public health outcomes.
To ensure adherence to age restrictions, the FDA has conducted over 1.5 million compliance checks of tobacco retailers, resulting in numerous warning letters, civil money penalties, and no-tobacco-sale orders for violations. These enforcement actions are part of a comprehensive strategy to protect young people from the harms of tobacco use. Additionally, the agency is providing retailers with resources to support compliance with tobacco laws and regulations, including age-of-sale restrictions.
The new rule issued by the FDA represents a significant step in addressing underage tobacco sales and protecting the health of young people. By increasing age verification requirements and implementing restrictions on tobacco product sales, the agency aims to reduce the number of individuals who become addicted to tobacco products and suffer from related health issues. Tobacco retailers play a crucial role in ensuring compliance with these regulations and promoting public health outcomes in their communities.