Kara Sears
In an effort to reduce tobacco-related health costs, some countries and municipalities are considering or implementing tobacco laws with grandfather clauses. These laws aim to prohibit the sale of tobacco to individuals born after a certain year, effectively raising the minimum age to purchase tobacco annually. For example, New Zealand is working towards outlawing the sale of tobacco to anyone born after 2008, while the U.S. town of Brookline, Massachusetts, has prohibited sales to those born after January 1, 2000. These laws seek to prevent new smokers from becoming addicted to nicotine while allowing current adult smokers to continue purchasing tobacco products. This approach has sparked debate, with some arguing for the inclusion of a `grandfather clause` to ease the transition and protect the rights of young adults who were legally purchasing tobacco before the law changed.
| Characteristics | Values |
|---|---|
| Countries with grandfather clauses in tobacco laws | New Zealand, Denmark, and a U.S. town, Brookline, Massachusetts |
| New Zealand's law | Outlaws the sale of tobacco to anyone born after 2008 |
| Denmark's law | Outlaws the sale of tobacco to anyone born after 2010 |
| Brookline, Massachusetts's law | Outlaws the sale of tobacco to anyone born after January 1, 2000 |
| Oklahoma's law | Outlaws the sale of tobacco to anyone under 21 |
| Previous US law | 18 was the legal age to buy tobacco |
| Current US law | 21 is the legal age to buy tobacco |
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What You'll Learn
The US federal law raised the tobacco buying age to 21
In December 2019, the United States passed a federal law raising the minimum age to purchase tobacco products from 18 to 21. This law was enacted to address the country's youth smoking epidemic and reduce the health costs associated with tobacco use. While some have applauded the law for its potential to improve public health, others have criticized it for not including a "grandfather clause."
A grandfather clause is a provision in a new law that allows those already engaging in a particular activity to continue doing so, even if the law now prohibits it for new adopters. When the drinking age in the US was changed from 18 to 21, for instance, those between 18 and 21 at the time were allowed to continue consuming alcohol. However, the new tobacco law does not include such a clause, meaning that those who were 18 to 21 at the time of the law's enactment and could previously purchase tobacco legally are now prohibited from doing so until they turn 21.
This lack of a grandfather clause has sparked controversy, with some arguing that their rights are being constricted. On the other hand, advocates for tobacco-free generations argue that such birth-date-based tobacco policies are crucial to phasing out tobacco use and preventing would-be lifelong smokers from forming nicotine addictions. They emphasize that delaying access to tobacco products can significantly impact public health, as the younger someone is when they have their first cigarette, the more likely they are to become a smoker for life.
While no American states have attempted such a policy, the town of Brookline, Massachusetts, passed an ordinance in 2021 prohibiting tobacco sales to anyone born after January 1, 2000. This local initiative reflects a growing movement to curb tobacco use, with similar efforts seen in New Zealand and Denmark, where lawmakers are working to pass stringent tobacco laws with annual increases in the legal smoking age.
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There is no grandfather clause in this law
In 2019, the United States passed a new federal law that raised the minimum age to purchase tobacco products from 18 to 21 years. This law does not include a "grandfather clause", meaning that people between the ages of 18 and 21 who were previously able to buy tobacco legally are no longer able to do so under the new law. This has caused some controversy, with petitions arguing that the rights of those who were already 18 or above before the law changed are being restricted. However, the law aims to curb the youth smoking epidemic in the country and improve health outcomes.
A "grandfather clause" is a provision in a new law that allows those already engaging in a particular activity to continue doing so, even if the law changes to prohibit that activity for new adopters. In the context of tobacco laws, a grandfather clause would allow those who are already legally purchasing tobacco products to continue doing so, even if the minimum age to buy tobacco is raised. This was the case when the drinking age in the United States was changed from 18 to 21; those who were between the ages of 18 and 21 at the time were allowed to retain the right to legally consume alcohol.
However, the new tobacco law in the United States does not include such a provision. This means that anyone under the age of 21, regardless of whether they were previously able to buy tobacco, is now prohibited from doing so. This has caused some frustration among young adults who feel their rights are being taken away. They argue that if they were legally able to buy tobacco before the law changed, they should be exempt from the new age restriction.
Despite the lack of a grandfather clause, there are some exceptions to the new tobacco law. For example, members of the military are exempt from the minimum age requirement and can purchase tobacco products at 18 years old. Additionally, some states have chosen not to comply with the new federal law, instead adhering to their own state laws that allow purchases at 18 or 19 years old. These exceptions create a complex landscape of tobacco regulations across the country.
The absence of a grandfather clause in the new tobacco law highlights the importance of clear and consistent communication about changes in legislation. It also underscores the potential for backlash or legal challenges when a law is perceived to restrict the rights of a certain group without providing alternative options or exemptions.
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Oklahoma's smoking rates are higher than the national average
In an effort to reduce the health costs of tobacco use, some countries and towns are implementing a new approach to tobacco policy, known as grandfather clauses in nicotine laws. These laws aim to preserve legal tobacco use for current adults while prohibiting sales to future generations. For example, New Zealand is working to pass a law outlawing the sale of tobacco to anyone born after 2008, with the legal smoking age increasing annually thereafter. Similarly, Denmark plans to ban tobacco sales to those born after 2010. In the U.S., the town of Brookline, Massachusetts, has prohibited tobacco sales to anyone born after January 1, 2000.
While these policies do not explicitly mention "grandfathering," they effectively create a system where only those of a certain age or birth year can legally purchase tobacco products. However, it's important to note that no American states have attempted such a policy yet, and the focus has primarily been on raising the minimum age for tobacco purchases.
Oklahoma, in particular, has been grappling with higher-than-average smoking rates, with cigarette use at around 20% compared to a national average of 14%. The financial and health consequences of smoking are significant for Oklahomans, with smoking costing over one and a half billion dollars in medical bills annually and being the leading cause of preventable deaths in the state.
To address this issue, the Oklahoma State Health Commissioner has directed gas stations, smoke shops, and e-cigarette stores to increase the minimum age for tobacco purchases to 21, in line with federal law. This change aims to delay access to tobacco products for younger individuals, as 90% of people start smoking before the age of 21. By doing so, Oklahoma hopes to reduce the prevalence of smoking and improve the health and longevity of its residents.
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Two countries are pioneering a new approach to tobacco policy
In an effort to reduce the health costs associated with tobacco use, two countries are pioneering a new approach to tobacco policy: grandfather clauses in nicotine laws. This approach aims to preserve legal tobacco use for current adults while prohibiting sales to future generations.
New Zealand and Denmark are leading the way with plans to outlaw the sale of tobacco and nicotine products to individuals born after a certain year. In New Zealand, lawmakers are working to pass one of the world's strictest tobacco laws, banning sales to anyone born after 2008. This means that as early as 2027, the legal smoking age could start increasing annually, effectively preventing anyone born after 2008 from legally purchasing tobacco. Denmark has announced similar intentions, with a proposed ban on sales to those born after 2010.
These countries recognize that tobacco use has devastating health, social, and economic consequences. The goal of these policies is to create a "tobacco-free generation" by preventing new smokers from forming nicotine addictions. By targeting only future generations, these laws avoid penalizing current adult smokers while still working towards a smoke-free future.
While no American states have attempted such a policy, the town of Brookline, Massachusetts, has implemented a similar ordinance, prohibiting tobacco sales to anyone born after January 1, 2000. This local initiative demonstrates that even small-scale changes can spark a wider movement, with the potential to inspire similar actions across the nation.
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A US town has banned tobacco sales to those born after 2000
In 2021, the US town of Brookline, Massachusetts, passed an ordinance prohibiting tobacco sales to anyone born after January 1, 2000. This bylaw was the first of its kind in the country and was upheld by the state's highest court in 2024, allowing other communities to adopt similar bans. The ruling stated that any city or town in Massachusetts could implement such a ban without fear of legal repercussions.
The Brookline measure was based on a 2018 state law signed by former Republican Governor Charlie Baker, which barred anyone under the age of 21 from purchasing tobacco products in the state. Supporters of the Brookline bylaw emphasised that the state law recognised the authority of local communities to enforce their own measures to limit the sale of harmful products. Additionally, the bylaw aimed to phase out tobacco use without targeting current adult smokers.
However, critics, particularly convenience store owners, argued that the Brookline law conflicted with the 2018 state law, creating an inconsistency where some adults could buy cigarettes, while others couldn't. They also expressed concern about the potential impact on their businesses, as tobacco sales contribute significantly to their income.
The tobacco sales ban in Brookline is part of a broader trend in tobacco regulation globally. For instance, New Zealand passed a law prohibiting tobacco sales to those born after January 1, 2009, although the new Prime Minister plans to repeal it. Similarly, Denmark intends to ban tobacco sales to anyone born after 2010. In the UK, Prime Minister Rishi Sunak proposed incrementally raising the legal age for purchasing cigarettes until they become illegal for the entire population.
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Frequently asked questions
The new tobacco law raises the minimum age to buy tobacco products from 18 to 21.
No, the new tobacco law does not include a grandfather clause. This means that people between the ages of 18 and 21 who were previously able to buy tobacco legally will no longer be able to do so until they turn 21.
The new tobacco law was implemented to curb the youth smoking epidemic in the country and to reduce the health costs associated with tobacco use.
No, the law applies to all retailers and individuals across the country. However, some places like Brookline, Massachusetts, have passed ordinances prohibiting tobacco sales to anyone born after January 1, 2000.
The penalties for non-compliance with the new tobacco law are not specified, but retailers are expected to comply immediately.
