Tobacco Bill: New Law To Raise Smoking Age Limit

On December 20, 2019, the US federal government raised the minimum age for purchasing tobacco products from 18 to 21 years. The legislation, known as Tobacco 21 or T21, was included in a $1.37 trillion spending bill and signed into law by then-President Donald Trump. The law, which took immediate effect, applies to all 50 states and the District of Columbia, and makes it a violation of federal law for retailers to sell tobacco or nicotine products to anyone under the age of 21.

The bill was signed into law by President Trump on December 20, 2019, and took immediate effect

On December 20, 2019, President Trump signed the 2020 United States federal budget into law, which included a provision to raise the federal minimum age for the sale of tobacco products from 18 to 21. This law, known as "Tobacco 21" or "T21", took effect immediately and applied to all 50 states and the District of Columbia, making it illegal for retailers to sell tobacco products, including cigarettes, cigars, and e-cigarettes, to anyone under the age of 21. The law was the culmination of efforts by pro-health members of Congress and health advocates to curb youth tobacco use and bring federal law in line with hundreds of localities and states that had already enacted similar legislation.

The bill amended the Federal Food, Drug, and Cosmetic Act and was passed by Congress in December 2019, before being signed into law by President Trump. The law included no exemptions or phase-in periods, meaning it applied to all retailers and individuals under 21, regardless of military status or previous age restrictions. The law also directed the FDA to issue a final rule to amend regulations and increase the age requirements for tobacco product sales, with a deadline of 180 days after the enactment of the Act.

The passage of the Tobacco 21 law was a significant step toward keeping tobacco products out of the hands of youth and reducing tobacco consumption. It aligned federal law with many states and localities that had already raised the minimum age for tobacco sales, creating a more consistent legal framework across the country. The law also shifted the responsibility for tobacco sales away from retailers, who were now prohibited from selling tobacco products to anyone under 21, regardless of the age of the purchaser. This change addressed the issue of retailers blaming the victim and targeting their enforcement efforts toward youth instead of the industry.

The immediate enactment of the law sent a strong message about the importance of curbing tobacco use among young people. It also highlighted the growing recognition of the harmful effects of tobacco and the need to implement preventive measures to protect public health. By raising the minimum age for tobacco sales, the law aimed to reduce the number of individuals who take up smoking at a young age, as studies have shown that most adult smokers start before they turn 21.

The law applies to all 50 states and the District of Columbia

On December 20, 2019, the federal minimum age for the sale of tobacco products in the US was raised from 18 to 21. This legislation, known as "Tobacco 21" or "T21", was signed into law by President Trump and took immediate effect across all 50 states and the District of Columbia.

The law applies to all retail establishments and persons with no exceptions. It is now a violation of federal law for any retailer to sell tobacco or nicotine products to anyone under the age of 21. The Food and Drug Administration (FDA) is responsible for overseeing the enforcement of the minimum legal sales age.

The law does not preempt cities, counties, or states from passing and enforcing their own age restriction laws, and it does not exempt members of the military who are under 21. The law also does not phase in age restrictions, meaning there is no "grandfathering" of those who are currently 18, 19, or 20.

The new federal minimum age of sale aligns with the hundreds of localities and states that had already enacted Tobacco 21 laws prior to the federal legislation. This includes states such as Hawaii, California, New Jersey, Maine, and Oregon, as well as cities like New York City, Boston, Chicago, and San Francisco.

The Tobacco 21 movement emerged in February 2003 when Needham, Massachusetts became the first municipality to enact a law raising the minimum legal sales age to 21. Studies have shown that around 95% of adult smokers tried cigarettes before turning 21, and 80% had their first cigarette before their 18th birthday. By raising the minimum age to 21, it is believed that teenagers will have fewer acquaintances who can purchase tobacco products for them.

The law also provides grants to states to assist in obtaining retailer compliance with the new minimum age. States have a three-year grace period to implement the changes before facing potential penalties.

The law does not preempt cities, counties, or states from passing and enforcing their own age restriction laws

The Tobacco 21 law, which came into effect in December 2019, raises the minimum age to purchase tobacco and nicotine products in the United States from 18 to 21. This federal law does not prevent cities, counties, or states from passing and enforcing their own age restriction laws. In fact, the federal law encourages state and local action by requiring states to demonstrate compliance with the federal age of 21 as a condition of receiving grant funding. This means that states must conduct random, unannounced inspections of retailers to ensure they are not selling tobacco products to individuals under 21 and report their findings to the federal government annually. If states do not meet a compliance rate determined by the Secretary of Health and Human Services, they risk losing a portion of their federal substance abuse grant funding.

The federal Tobacco 21 law sets a national baseline, but it does not preempt local jurisdictions from adopting more stringent age restriction laws. For example, prior to the federal legislation, over 540 local jurisdictions and 19 states had already passed their own Tobacco 21 laws. These local laws can include stricter enforcement measures and penalties to supplement the FDA's national efforts. Additionally, the federal law does not preempt existing Tobacco 21 laws in cities, counties, and states, allowing them to continue enforcing their own age restriction laws.

The federal Tobacco 21 law is an important step toward keeping tobacco products out of the hands of youth. However, effective enforcement of the law is crucial to its success. While the FDA is responsible for enforcing the minimum legal sales age at the federal level, local and state-level enforcement measures are also necessary to ensure compliance. This includes enforcing age restriction laws that are more restrictive than the federal law, as well as purchase, use, and possession (PUP) laws that penalize youth for attempting to purchase or use tobacco products.

Overall, the Tobacco 21 law provides a framework for reducing tobacco use among youth, but its impact will depend on the efforts of cities, counties, and states to pass and enforce their own age restriction laws, in addition to the federal mandate.

The law penalises retailers for selling tobacco products to youth

In 2019, the US federal government passed a law that raised the minimum age for the sale of tobacco products from 18 to 21. This law penalises retailers for selling tobacco products to anyone under the age of 21. The law is enforced by the Food and Drug Administration (FDA), which conducts compliance check inspections of tobacco retailers. The FDA has the authority to issue warning letters, civil money penalties, and no-tobacco-sale orders for retailers that violate the law. The maximum civil money penalty for retailers with an approved training program ranges from $292 for a second violation to $11,698 for a sixth or subsequent violation at the same retail location within a 48-month period.

The law does not penalise individuals who attempt to purchase tobacco products under the age of 21. However, state and local laws often place penalties on youth for purchasing, using, or possessing tobacco products. These penalties can include fines, community service, and suspension or revocation of driving licenses.

The federal law aims to reduce underage access to tobacco products and protect youth from the harmful effects of tobacco use. It is important to note that the law does not preempt states or localities from passing their own age restriction laws, and many states have their own enforcement mechanisms in place.

The increase in the minimum age for the sale of tobacco products is a significant step towards preventing tobacco use among youth and reducing the health risks associated with tobacco consumption.

The law does not include a military exemption

The Tobacco 21 law, which came into effect in December 2019, raises the minimum age to purchase tobacco products in the US from 18 to 21 years. The law applies to all 50 states and the District of Columbia.

The law applies to the seller, not the buyer. Therefore, retailers are responsible for checking the photo identification of individuals who appear to be under the age of 30. Retailers who sell tobacco products to anyone under the age of 21 will be in violation of federal law and may be penalised.

The law does not include any phase-in age restrictions, or "grandfathering", for those who are currently 18, 19, or 20. This means that all individuals under the age of 21 are now prohibited from purchasing tobacco products, regardless of whether they were legally able to purchase them before the law came into effect.

The law does not require states to pass any new legislation, but it does require states to demonstrate that retailers within their jurisdiction are complying with the law. States must commit 1% of their substance abuse allocation for each percentage point missed in achieving a retailer compliance rate goal established by the Secretary of Health and Human Services. If states do not demonstrate a certain level of compliance, they risk losing a portion of their federal substance abuse grant funding.

The law provides grants to states to assist in obtaining retailer compliance, with a three-year grace period to implement the changes before funding can be withheld.

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