FDA Raises Minimum Age for Tobacco Vending Sales to 21, Requiring ID for Under-30 Buyers

On August 29, the U.S. Food and Drug Administration (FDA) announced a new regulation increasing the minimum age for the sale of tobacco products. Starting on September 30, individuals under the age of 30 must present a photo ID when purchasing tobacco products (including e-cigarettes), previously this requirement applied to those under 27. Also starting on September 30, retailers are prohibited from selling tobacco products through vending machines in establishments where individuals under the age of 21 are allowed, as previously this ban applied to establishments allowing those under 18 to enter.

The final rule changes are aimed at maximizing the public health impact of the legislation that was passed in December 2019.

According to reports, legislation signed in December 2019 will raise the minimum age for the sale of tobacco products federally in the United States from 18 to 21. Once implemented, this regulation is expected to help reduce underage tobacco sales.

Dr. Brian King, Director of the FDA Center for Tobacco Products, expressed:

Today's regulation is a crucial step in protecting the health of our country's youth from the risks associated with tobacco products. Decades of scientific research have shown that preventing youth from accessing tobacco products is vital in reducing the number of individuals who eventually become addicted and suffer from tobacco-related diseases and deaths.

The FDA stated that this action is part of the federal government's ongoing efforts to protect young people from accessing tobacco products. Over 95% of American adults who smoke daily tried their first cigarette before the age of 21. Therefore, the FDA continues to actively enforce the federal minimum age limit for tobacco product sales, including raising the minimum age to 21. To date, the FDA has conducted over 1.5 million compliance inspections of tobacco retailers to ensure compliance with federal age restrictions. These inspections have resulted in 134,000 warning letters, over 33,000 civil fines, and 230 sales prohibitions.

The FDA continues to provide resources to retailers to enhance compliance with tobacco laws and regulations (including sales age restrictions). For example, the FDA has developed a voluntary education program called "This is Our Watch," which offers free resources to help retailers verify customer ages, including digital age verification calendars and age calculator applications. Retailers can also access information on tobacco products legally sold in the United States through a searchable tobacco product database.