Cecily Zamora
In an effort to reduce the health costs associated with tobacco use, some countries and municipalities are considering or implementing grandfather clauses in their tobacco laws. These clauses preserve the right of current adults to purchase tobacco while prohibiting sales to younger generations, with the goal of phasing out tobacco use over time. For example, New Zealand is working to pass a law outlawing the sale of tobacco to anyone born after 2008, while the US town of Brookline, Massachusetts, has prohibited tobacco sales to anyone born after January 1, 2000. These laws aim to prevent future generations from taking up smoking and developing nicotine addictions, but they do not restrict the rights of current smokers. As of 2020, the FDA has not indicated that a grandfather clause will be included in federal tobacco regulations.
| Characteristics | Values |
|---|---|
| Countries with grandfather clauses in tobacco laws | New Zealand, Denmark, and the U.S. |
| U.S. states with tobacco cut-off regimes | None |
| U.S. town with a tobacco cut-off regime | Brookline, Massachusetts |
| Minimum age for tobacco sales in Brookline, Massachusetts | Born after January 1, 2000 |
| Minimum age for tobacco sales in New Zealand | Born after 2008 |
| Minimum age for tobacco sales in Denmark | Born after 2010 |
| Federal law on minimum age for tobacco sales in the U.S. | 21 years |
| State law on minimum age for tobacco sales in North Carolina | 18 years |
| Penalty for not posting sign regarding minimum age for tobacco sales in North Carolina | $25 for the first offense and $75 for subsequent offenses |
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What You'll Learn
The FDA has not confirmed a grandfather clause
The term "grandfathered tobacco product" was updated to "pre-existing tobacco product" in August 2022. A pre-existing tobacco product is defined as any tobacco product that was commercially marketed in the United States as of February 15, 2007. These products are regulated under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and do not require premarket authorization to be legally marketed.
However, if a pre-existing tobacco product has been modified in any way, it is then considered a new tobacco product and must apply for an FDA marketing order. The FDA provides a webinar series and detailed guidance on the requirements for pre-existing tobacco products and how to submit a request for determination.
While the FDA has not confirmed a grandfather clause for the new tobacco law, some U.S. towns and other countries have implemented their own tobacco cut-off regimes. For example, the town of Brookline, Massachusetts, passed an ordinance in 2021 prohibiting tobacco sales to anyone born after January 1, 2000. Similarly, New Zealand and Denmark are working towards passing strict tobacco laws that would outlaw the sale of tobacco to anyone born after a certain year, with the intention of phasing out tobacco use over time.
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Two countries are pioneering tobacco grandfather clauses
In an effort to reduce the health costs associated with tobacco use, two countries are pioneering a new approach to tobacco control: grandfather clauses in nicotine laws. These laws aim to preserve legal tobacco use for current adults while prohibiting sales to future generations. This approach, known as a "tobacco-free generation" movement, seeks to prevent people born after a certain year from ever purchasing tobacco or nicotine products.
New Zealand is at the forefront of this movement, with lawmakers working to pass one of the world's strictest tobacco laws. The proposed legislation would outlaw the sale of tobacco and nicotine products to anyone born after 2008. As a result, the legal smoking age would increase annually, effectively banning anyone below the age limit from legally purchasing these products. This approach is designed to phase out tobacco use without targeting current adult smokers, allowing them to continue purchasing tobacco products legally.
Denmark has also announced similar plans, aiming to ban the sale of tobacco products to anyone born after 2010. According to Health Minister Magnus Heunicke, "Our hope is that all people born in 2010 and later will never start smoking or using nicotine-based products." This sentiment echoes the tobacco-free generation movement's goal of preventing future generations from forming nicotine addictions.
While no American states have implemented such policies, the town of Brookline in Massachusetts has taken up the cause. In 2021, the city passed an ordinance prohibiting tobacco sales to anyone born after January 1, 2000. This local initiative demonstrates that even a single town can spark a nationwide movement, as seen with the neighbouring town of Needham, which was the first to raise the smoking age to 21, now a federal law.
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A US town has banned tobacco sales to those born after 2000
In 2021, the US town of Brookline, Massachusetts, implemented a ban on tobacco sales to anyone born after 2000. This ban was the first of its kind in the country and was upheld by the Massachusetts Supreme Judicial Court in 2024. The ruling stated that any city or town in Massachusetts could implement similar measures without fear of legal repercussions.
The Brookline bylaw prohibits the sale of tobacco products, including cigarettes, cigars, and e-cigarettes, to anyone born on or after January 1, 2000. This builds upon a 2018 state law that banned the sale of tobacco to anyone under the age of 21 across Massachusetts. The town's measure was supported by the recognition that state law gives local communities the authority to enforce their own measures to limit the sale of harmful products.
The goal of the tobacco cut-off regime is to phase out tobacco use without targeting current adult smokers. Proponents of the "tobacco-free generation" movement argue that this type of legislation prevents future smokers from forming nicotine addictions. By enforcing a tobacco sales ban to those born after a certain year, the hope is that eventually, only the elderly will be able to smoke, and the habit will die out.
Other countries and towns have considered or implemented similar measures. New Zealand passed a law in 2022 prohibiting tobacco sales to those born after 2009, although the new Prime Minister plans to repeal it. In the UK, Prime Minister Rishi Sunak proposed incrementally raising the legal age for purchasing cigarettes until it becomes illegal for the entire population. Additionally, a handful of Massachusetts towns are contemplating similar bans, including proposals to ban sales to anyone born after 2004.
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Grandfather clauses aim to phase out tobacco without targeting current smokers
In an effort to reduce the health costs associated with tobacco use, some countries and municipalities are considering or implementing "grandfather clauses" in tobacco laws. These clauses aim to phase out tobacco use by prohibiting sales to people born after a certain year while preserving the legal right to purchase tobacco for those already adults.
For example, in New Zealand, lawmakers are working to pass one of the world's strictest tobacco laws, outlawing the sale of tobacco and nicotine products to anyone born after 2008. As soon as 2027, the legal smoking age could increase annually, effectively banning anyone born after 2008 from legally buying tobacco. Denmark has announced similar plans, with a ban on sales to anyone born after 2010.
In the United States, the suburb of Brookline, Massachusetts, has implemented a tobacco cut-off regime, prohibiting tobacco sales to anyone born after January 1, 2000. This ordinance was passed in 2021, and nearby Needham, Massachusetts, was the first town to raise the smoking age to 21, now a federal law. These birth-date-based tobacco policies aim to reduce tobacco use without targeting current adult smokers.
Advocates for the "tobacco-free generation" movement argue that this type of legislation prevents would-be lifelong smokers from developing nicotine addictions. They suggest that, if effective, these tobacco bans with grandfather clauses could lead to a world where only older people smoke. While these policies do not include exceptions for those already smoking legally, such as a "grandfather clause," some argue that including one would be fairer and could reduce economic backlash.
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The legal age to purchase tobacco varies across states
As of 2019, the federal law in the US, signed by President Donald Trump, raised the minimum age to purchase tobacco products to 21 across all states and territories. However, it's important to note that some states, like Arizona, have not enforced this federal law, maintaining a de jure minimum age of 18. Additionally, Alaska has a minimum age of 19, as a 2022 senate law to increase it to 21 was vetoed by the governor.
On the other hand, some states and local jurisdictions have proactively raised the minimum age to 21 even before the federal law was enacted. For instance, Hawaii became the first state to do so in 2015, and by 2019, eighteen states and the District of Columbia had followed suit. This shift was largely driven by concerns over the teenage vaping epidemic.
While the federal law sets a nationwide standard, it's important to be aware of specific state and local regulations, as they may impose additional restrictions or have unique grandfather clauses that exempt certain individuals from the minimum age requirements. For example, the Arkansas General Assembly included a grandfather clause when raising the smoking age to 21 in 2019, exempting adults born before December 31, 2000.
In addition to federal, state, and local laws, retailers must also comply with FDA regulations. The FDA provides resources like the "This is Our Watch" program and the "FDA Age Calculator" smartphone application to help retailers verify customer ages and comply with all applicable age restrictions. These tools assist retailers in navigating the complex landscape of tobacco sales regulations.
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Frequently asked questions
The new tobacco law is a policy that bans the sale of tobacco products to anyone born after a certain year. The goal is to cut down on the health costs of tobacco use and prevent would-be lifelong smokers from forming nicotine addictions.
Currently, no American states have implemented such a policy. However, the town of Brookline in Massachusetts passed an ordinance in 2021 that prohibits tobacco sales to anyone born after January 1, 2000. Additionally, Denmark and New Zealand are working towards implementing similar laws.
The legal age to purchase tobacco products in the United States has recently been raised from 18 to 21. This is a federal law, meaning it applies nationwide.
No, the law does not provide any exceptions. Anyone purchasing tobacco products must be able to prove that they are of legal age, typically by providing a valid photo ID.
The concept of being "grandfathered" into a law refers to being exempt from new regulations due to having established rights or privileges. While there is no official grandfather clause in the new tobacco law, some individuals who were 18 to 20 years old at the time of the law change may continue to have access to tobacco products due to the higher age limit.
