The FDA has recently implemented a final rule that raises the minimum age for certain restrictions on tobacco product sales. This rule, which will go into effect on September 30, requires tobacco retailers to verify the age of anyone under the age of 30 who is trying to purchase tobacco products. This new age restriction comes as a result of the Further Consolidated Appropriations Act, which was signed into law in December 2019 and raised the federal minimum age of sale of tobacco products in the U.S. from 18 to 21.
Under the new rule, retailers must use photo identification to verify the age of customers under the age of 30 who are purchasing tobacco products, including e-cigarettes. This is a change from the previous requirement, which only applied to customers under the age of 27. The FDA has emphasized the importance of checking IDs for anyone under 30, as research has shown that it can be difficult to accurately determine a customer’s age based on appearance alone.
In addition to the age verification requirements, the FDA’s rule also prohibits retailers from selling tobacco products in vending machines in places where individuals under the age of 21 are present or allowed to enter. This provision is an important step in protecting young people from the health risks associated with tobacco products. Brian King, director of the FDA’s Center for Tobacco Products, emphasized the importance of keeping tobacco products away from youth to reduce the number of people who become addicted to these products and suffer from tobacco-related diseases.
The FDA’s action is part of ongoing federal efforts to prevent young people from accessing tobacco products. Studies have shown that over 95% of U.S. adults who smoke daily had their first cigarette before the age of 21. In light of this, the FDA continues to enforce the federal minimum age of sale for tobacco products, conducting over 1.5 million compliance checks of tobacco retailers to ensure compliance with age restrictions. To date, these efforts have resulted in thousands of warning letters, civil money penalties, and no-tobacco-sale orders for violations related to age restrictions.
The FDA is also providing retailers with resources to help them comply with tobacco laws and regulations, including age-of-sale restrictions. Retailers can access information on tobacco products that are legally allowed to be marketed in the U.S. through the Searchable Tobacco Products Database. By providing retailers with the necessary tools and information, the FDA aims to reduce underage tobacco sales and protect young people from the harms of tobacco use.
The FDA’s final rule on tobacco sales represents a significant step towards reducing youth access to tobacco products and preventing addiction and health issues associated with tobacco use. By implementing stricter age verification requirements, prohibiting sales in vending machines, and enforcing federal age restrictions, the FDA is working to protect the health and well-being of young people across the country. Retailers must be diligent in verifying the age of customers and following all regulations in order to comply with the new rule and help reduce underage tobacco sales.
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