Anaya Nolan
In an effort to reduce tobacco use and its associated health costs, some countries and municipalities are considering or implementing grandfather clauses in their tobacco laws. These clauses aim to phase out tobacco use by prohibiting sales to people born after a certain year, effectively raising the minimum age to purchase tobacco products over time. For example, New Zealand is working towards outlawing the sale of tobacco to anyone born after 2008, and a similar policy has been proposed in Denmark for those born after 2010. In the United States, while no states have adopted such policies, the town of Brookline, Massachusetts, has prohibited tobacco sales to anyone born after January 1, 2000. These laws seek to prevent new smokers from becoming addicted to nicotine while also addressing the economic and social impacts of tobacco control measures.
| Characteristics | Values |
|---|---|
| Countries with grandfather clauses in tobacco laws | New Zealand, Denmark, United States |
| US States with tobacco cut-off regimes | Illinois, Virginia |
| US town with a tobacco cut-off regime | Brookline, Massachusetts |
| Details of the grandfather clause | Preserves legal tobacco use for today's adults and prohibits sales to adults in the future |
| Age cut-offs | New Zealand: 2008, Denmark: 2010, Brookline, Massachusetts: 2000 |
| Minimum age to buy tobacco | 21 |
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What You'll Learn
Grandfather clauses in nicotine laws
Two countries, New Zealand and Denmark, are pioneering this approach with plans to ban the sale of tobacco and nicotine products to anyone born after a certain year. In New Zealand, lawmakers are working towards outlawing sales to those born after 2008, with the legal smoking age increasing annually thereafter. Denmark has announced similar intentions, targeting a ban for those born after 2010. These measures effectively create a "tobacco-free generation", as individuals born after the cutoff will never be able to legally purchase tobacco products.
In the United States, while no states have adopted such policies, a suburb in Massachusetts, Brookline, has implemented a tobacco cut-off regime. Beginning in 2021, the town passed an ordinance prohibiting tobacco sales to anyone born after January 1, 2000. This local initiative reflects the "tobacco-free generation" movement, which seeks to prevent future generations from taking up smoking without penalizing current adult smokers.
However, it is important to note that not all tobacco control measures include grandfather clauses. For example, Illinois' Tobacco 21 bill, which raised the legal age for smoking from 18 to 21, does not provide any exemptions for individuals between the ages of 18 and 21 who were already legally smoking. This means that despite being legally able to purchase tobacco previously, they will have to wait until they turn 21 to resume smoking or buying tobacco products.
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No grandfathering in the US
In the US, there is currently no federal-level policy of grandfathering in tobacco laws. While there have been petitions for a grandfather clause for tobacco products, there has been no success in implementing one.
In 2019, Illinois passed a law requiring individuals to be 21 or older to buy tobacco. There was some confusion about whether current smokers under the age of 21 would be exempt from the new law, but the American Lung Association clarified that there is no grandfathering with this bill. This means that anyone under 21, including those who were already smoking, would not be allowed to purchase tobacco.
Similarly, in 2021, the town of Brookline in Massachusetts passed an ordinance prohibiting the sale of tobacco to anyone born after January 1, 2000. This was an attempt to phase out tobacco use without targeting adult smokers, and to prevent future generations from developing nicotine addictions.
Outside the US, countries like New Zealand and Denmark are also pioneering this approach. New Zealand, for instance, is working towards passing a law that would outlaw the sale of tobacco to anyone born after 2008. The legal smoking age would then increase every year, effectively banning anyone born after the cutoff from buying tobacco products.
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Tobacco-free generation movement
The Tobacco-Free Generation movement is a social initiative that aims to prevent young people from smoking and vaping and to involve them in tobacco control efforts. The movement was sparked by the 2010 publication of the paper "Phasing out Tobacco: proposal to deny access to tobacco for those born from 2000" in the Tobacco Control journal. This paper was recognised as an Endgame in 2011, and an international education ecosystem was launched the following year.
The Tobacco-Free Generation movement has gained traction globally, with thousands of youths from different countries seeking to be better educated about the dangers of smoking and vaping. International organisations and tobacco control experts have endorsed the concept, and the world's first Tobacco Free Generation law was created with the support of local leaders and communities.
The phrase "tobacco-free generation" is often used to describe the goal of achieving zero smoking and vaping among a new generation of young people. This involves implementing preventive tobacco policies and strategies, such as those seen in Nordic countries and the Netherlands. The Dutch government, for example, has implemented tobacco control measures such as higher tobacco taxation, plain packaging, and smoking bans on school grounds. These measures have contributed to a decrease in smoking rates from 21.7% to 20.2% between 2019 and 2020.
The Tobacco-Free Generation movement also advocates for legislative changes to support their goals. For instance, in Tasmania, a vote on a proposed bill to create a "Tobacco Free Generation Proposal" has been delayed. If passed, this bill would make Tasmania a leader in tobacco end-game strategies and save countless lives. Similarly, in the US suburb of Brookline, Massachusetts, an ordinance was passed in 2021 to prohibit tobacco sales to anyone born after January 1, 2000. This birth-date-based tobacco policy aims to phase out tobacco use without targeting current adult smokers.
The Tobacco-Free Generation movement is a global effort to prevent nicotine addiction among young people and to create a generation that says 'no' to cigarettes and vaping. Through education, advocacy, and legislative changes, the movement seeks to achieve zero smoking and vaping rates among a new generation.
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New Zealand's strict tobacco laws
New Zealand has some of the world's strictest tobacco laws. The country has been working to reduce tobacco consumption for decades, with the earliest attempt at tobacco control dating back to 1907 when the government tried to ban sales to those under 16. Since then, the laws have become increasingly stringent, with the government aiming to make tobacco products less appealing and addictive and to prevent young people from taking up smoking.
On 9 December 2021, the Sixth Labour Government announced plans to introduce legislation to significantly reduce the availability of tobacco products. The Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill aims to prohibit the sale of tobacco to anyone born after 2008 (or 2009 according to some sources), effectively creating a "smokefree generation". The bill will also restrict the sale of tobacco products to specialty stores only and limit the nicotine content.
In addition to these measures, New Zealand already has a comprehensive ban on tobacco advertising and promotion, including a ban on displays at points of sale. Standardised packaging is required for all tobacco products, with strict requirements for health warnings in English and te reo Maori. The sale of cigarettes containing synthetic nicotine or any similar chemical is also prohibited.
New Zealand has also taken steps to restrict smoking in public places, with smoking prohibited in indoor workplaces and indoor public places, including bars and restaurants since 2004. There are also limited restrictions on smoking in outdoor places, such as the areas outside schools and early childhood education centres.
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Denmark's tobacco ban plans
Denmark has been taking a series of measures to control tobacco consumption in the country. In 2022, Denmark proposed banning the sale of cigarettes and nicotine products to citizens born after 2010. The move is aimed at preventing the next generation of Danes from using any form of tobacco. The country's health minister, Magnus Heunicke, said, "Our hope is that all people born in 2010 and later will never start smoking or using nicotine-based products."
The plan to ban tobacco sales to those born after 2010 has received support from the public, with 64% of respondents in a survey favouring the idea. Denmark's current rules prohibit citizens under 18 from buying tobacco or smoking electronic cigarettes. However, around 31% of people aged 15 to 29 still smoke, according to Heunicke. Smoking is the leading cause of cancer in Denmark, causing about 13,600 deaths annually.
Denmark's tobacco control policies include various acts and orders regulating the sale, manufacture, presentation, packaging, advertising, and consumption of tobacco products. For instance, Act No. 541 of 2015 bans the retail sale of tobacco not intended for smoking or chewing. Consolidated Act No. 1022 of 2008, which was later repealed by Act No. 608 of 2016, addressed the manufacture, presentation, and sale of tobacco products. Act No. 966 of 2019 regulates smoking in public places, while Act No. 965 of 2019 focuses on tobacco packaging, labelling, cigarette contents, and cross-border distance sales.
Additionally, Denmark has implemented measures such as Order No. 570 of 2021, which prohibits the visible placement and display of tobacco products, and Order No. 572 of 2021, which mandates plain packaging for tobacco and herbal smoking products. The country is also working to tackle alcohol consumption among young people by raising the age limit for purchasing alcoholic beverages for certain drinks.
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Frequently asked questions
A grandfather clause in cigarette law refers to preserving legal tobacco use only for today's adults and prohibiting sales to adults in the future. For example, in New Zealand, lawmakers are working to outlaw the sale of tobacco to anyone born after 2008.
Yes, two countries and a town in the United States have implemented such a policy. The town of Brookline, Massachusetts, prohibits tobacco sales to anyone born after January 1, 2000. New Zealand and Denmark are working to pass similar laws.
Yes, Illinois and Oklahoma are two states that have not implemented a 'grandfather clause' in their cigarette law. In these states, individuals must be 21 years old to buy tobacco and there is no provision for those between 18 and 21 years old to continue purchasing.
A 'grandfather clause' in cigarette law could have a positive economic impact and limit excessive backlash from those affected by the sudden change in the law. It would also prevent minors from obtaining tobacco products by limiting their access through older friends and siblings.
