Over the past decade, electronic cigarettes have experienced rapid development, becoming the most popular category of tobacco products and a common solution for those trying to quit smoking. However, with their increasing popularity has come a problematic group of customers – curious minors. Regulatory agencies and legislators have implemented various strategies to prevent young people from using electronic cigarettes, with the most common approach being age restrictions on purchasing these products.
Similar to alcohol, mandating a minimum age for the sale of electronic cigarettes is not a perfect solution, but it remains the most reliable method for reducing youth use. Legislators are tasked with determining the age at which individuals can legally purchase e-cigarettes. However, punishing retailers who violate the law and enforcing the regulations can prove challenging. Mistakes in enforcement may inadvertently increase smoking among young people or adults or contribute to the creation of a black market.
In most countries, electronic cigarettes are either regulated as tobacco products or as a separate consumer product category, or are not regulated at all. In some countries, electronic cigarette products are prohibited. In countries where they are regulated, the legal age to purchase electronic cigarettes is usually the same as the legal age of majority. In most countries, this age is 18 years old, but as we will see, the situation varies, for example in the US, the largest electronic cigarette market in the world, the legal age to use electronic cigarettes is 21 years old.
What is the legal age for purchasing and using e-cigarettes in the United States?
In response to pressure from tobacco control groups and concerned parents, Congress passed the new 21st federal tobacco law in December 2019. The law was included in the year-end federal appropriation bill, signed into law by President Trump on December 20th, and went into effect immediately. While it encompasses both cigarettes and other tobacco products, the driving force behind this legislation was concern over youth use of e-cigarettes.
The bill adds a provision to the Food, Drug, and Cosmetic Act stating that it is illegal for any retailer to sell tobacco products to anyone under the age of 21. It mandates that each state enforce age restrictions or risk losing some federal drug abuse grant money. The new law does not penalize individuals under the age of 21 for purchasing, using, or possessing tobacco products (usually referred to as "PUP laws"), but only imposes fines on retailers who sell to underage customers.
Advocating for the Tobacco Control Act on the 21st.
In 2016, the FDA determined that it was federally prohibited to sell electronic cigarette products to those under 18 years of age. By classifying smokeless devices and e-liquids as tobacco products, they automatically fell under existing federal restrictions. The minimum age for purchasing e-cigarettes has been a core demand of tobacco control activists who have long described the e-cigarette market as a "wild west" in need of FDA regulation. The truth is not quite as exciting: at the time federal action was taken, 48 states already had their own age restrictions in place.
The legal age for electronic cigarettes varies across countries worldwide.
With the exception of countries that have banned electronic cigarettes and those without regulations surrounding them, the majority of nations simply use the legal age of adulthood to set the minimum age for purchasing electronic cigarette products (as well as other adult products).
Some countries have a national legal age but allow individual states or provinces to set a higher legal age. For example, Canada's national minimum age is 18, but many provinces and territories have set the age of 19 as the legal age to purchase e-cigarette products. In Australia, the sale of nicotine-containing products (excluding cigarettes) without a doctor's prescription is illegal, but the use of non-nicotine e-cigarettes is allowed and the purchasing age varies by state.
If you plan to bring electronic cigarette products to another country, it is wise to contact the authorities of that country before departing to learn about the latest information on electronic cigarette laws and practices.
Countries where the legal age for electronic cigarettes is 18 years old:
Belgium, Bhutan, Brazil, Bulgaria, Canada, China, Costa Rica, Croatia, Cyprus, Denmark, Ecuador, England, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Israel, Italy, Ivory Coast, Lithuania, Luxembourg, Malaysia, Maldives, Malta, Moldova, Netherlands, New Zealand, Norway, Papua New Guinea, Paraguay, Poland, Portugal, San Marino, Saudi Arabia, Scotland, Senegal, Slovenia, South Africa, Sweden, Tajikistan, Togo, Tuvalu, Ukraine, Vietnam, Wales.
The legal age for purchasing electronic cigarettes is 19 years old in this country.
Jordan, South Korea, and Turkey.
Countries where the legal age for e-cigarette consumption is 20 years old:
Japan
Country with legal vaping age of 21 years old:
Ethiopia, Guam, Honduras, the Republic of Palau, the Philippines, and the United States (source: the Johns Hopkins University Global Tobacco Control website, Knowledge-Action-Change Global Tobacco Harm Reduction website, and VAPING360 survey)
Who knows when adulthood truly begins?
No one knows exactly when adolescence ends or adulthood begins - in fact, it varies for each person. However, lawmakers must decide on a legal age of majority that allows young people to vote, sign contracts, apply for credit, serve in the military, and purchase age-restricted products such as alcohol, tobacco, and other items considered inappropriate for children.
Age is always a compromise, but it acknowledges that we allow adults to make many risky choices. The U.S. 21 Tobacco Law is a special law because it considers smoking (and vaping) too risky to the point where cigarettes (and e-cigarettes) must be taken away from young people. Most countries in the world have not found enough evidence to support the necessity of taking such extreme measures.
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