Momentum increased as cities and states across the nation began to increase their legal sales age for tobacco products, including e-cigarettes. Nineteen states and DC passed Tobacco 21 laws. Since passage of the federal law, 14 more states have passed laws increasing their state legal sales ages to 21 as of November 2020.
Tobacco 21 is an important component of a comprehensive public health approach to reducing tobacco use. In addition to Tobacco 21 we need to eliminate all flavored tobacco products, stop online (remote) sales and increase taxes on all tobacco products including e-cigarettes. In addition, FDA must begin its premarket review of all e-cigarettes, hookah, cigars and pipe tobacco.
New Minimum Age: The minimum age for the sale and/or distribution of cigarettes, tobacco products, tobacco related objects, alternative nicotine products and vapor products has increased from 18 years of age to 21 years of age.
A special event tobacco permit is issued for the sale of cigars, cigarettes or loose or smokeless tobacco at a temporary off-site location. The permit can be authorized for a period of one day up to a maximum of ten days.
Note. The age at which minors in the United States could purchase cigarettes declined over the course of the 20th century; state minimum ages of legal access have remained at 18 or 19 years since 1993, although a minimum age of legal access of 21 years was enacted in Hawaii in 2015.
Cigarette manufacturers, at that time dominated by American Tobacco, developed extensive lobbying efforts against these new laws.11 Between 1890 and its court-ordered breakup in 1911, American Tobacco filed lawsuits challenging legislation that banned the sale of cigarettes, as well as recruited allies from the railroad industry, newspapers, and retailers to lobby on its behalf against license fees and tobacco bans.11 A historian of the Progressive Era noted in her book Cigarette Wars that the company had a reputation for attempting to bribe state legislators:
This summary of state legislative anti-tobacco proposals in 1969 clearly underscores the need for federal pre-emption of state and local action pertaining to the control and regulation of the advertising and distribution of cigarettes and other tobacco products.54(p61)
On December 20, 2019, President Donald Trump signed legislation to raise the federal minimum age of sale of tobacco products from 18 to 21 years. It is now illegal for retailers to sell any tobacco products, including cigarettes, cigars and e-cigarettes, to anyone under the age of 21. Prior to this change, the minimum age to buy tobacco products in Alabama was 19. Read our full news release on the change.
Alabama Act 2013-383 (HB286) - amends Sections 28-11-2 and 28-11-13, Code of Alabama 1975, relating to the sale, use, possession and transportation of tobacco and alternative tobacco products so as to include electronic cigarettes, electronic cigars, electronic cigarillos and electronic pipes.
Numerous economic studies have documented that increases in cigarette taxes or prices reduce both adult and underage smoking. The general consensus is that every 10 percent increase in the real price of cigarettes reduces:
Alabama Act 2004-545 (HB716) - increases the state tax on cigarettes from 16.5 to 42.5 cents per pack and doubles the tax on other tobacco products. It further requires the use of tax stamps by municipalities for the sale of cigarettes. Tax rates on tobacco products other than cigarettes (snuff, smoking tobacco, chewing tobacco, and cigars) vary based on weight and retail selling price of the products.
(a) "Tobacco" means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
(c) "Electronic delivery device" means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery device includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
The committee noted that the recent increase in use of hookahs and electronic nicotine delivery systems, such as e-cigarettes, by adolescents and young adults could have a substantial effect on the use of cigarettes and other tobacco products, but it is too early to make informed predictions about these effects.
He or she may confiscate the tobacco and charge you with being in violation of Code of Virginia § 18.2-371.2, which prohibits anyone under 18 years of age from buying or trying to buy, or possessing any tobacco products, including but not limited to cigarettes, cigars, bidis, rolling papers, nicotine vapor products, and alternative nicotine, and hemp products.
Gov. Jerry Brown signed a sweeping package of tobacco bills into California law on Wednesday, including one that will raise the legal age to buy products from 18 to 21 and another that dramatically tightens restrictions on e-cigarettes.
"Exposing the developing brain to nicotine, which is in both e-cigarettes and conventional cigarettes, physically changes the brain," Glantz says. "That's why the younger someone starts to smoke, the more addicted they tend to get ... and the harder time they have stopping.
But the new regulations on e-cigarettes may be even more significant, Glantz says. "There's no question that e-cigarettes aren't as dangerous as cigarettes are," he says, "but they're still dangerous."
"The e-cigarette is nothing more than a new delivery system for toxic and addictive nicotine," Leno said in a written statement. "Ensuring that e-cigarettes fall under California's comprehensive smoke-free laws is critical to protecting public health, especially given the alarming rate at which young people are picking up these devices."
The New York Department of Health says nearly 40 percent of 12th grade students and 27 percent of high school students are now using e-cigarettes. They say the increase is largely driven by flavored e-liquids.
SB 1080, the new regulation that sets the minimum age to buy tobacco and nicotine products at 21, comes with some new restrictions on retailers that sell tobacco and nicotine products like cigars, cigarettes, or e-cigarettes.
It means the minimum age for buying cigarettes will keep going up and up. In theory, somebody trying to buy a pack of cigarettes 50 years from now would need ID to show they were at least 63 years old.
On January 2, 2020, the FDA issued a policy prioritizing enforcement against certain unauthorized flavored e-cigarette products that appeal to kids, including fruit and mint flavors. Under this policy, companies that do not cease manufacture, distribution and sale of unauthorized flavored cartridge-based e-cigarettes (other than tobacco or menthol) risk FDA enforcement actions. This measure is in response to the rise in youth vaping and the vaping-related lung injury epidemic that has hospitalized over 2,500 people and led to over 50 deaths. For more information please refer to the official press release from the FDA.
Effective July 1, 2019, no sales of tobacco, alternative nicotine or nicotine vapor products are permitted to persons less than 21 years of age. This includes cigarettes, cigars, bidis, smokeless tobacco and wrapping papers, as well as electronic cigarettes and alternative nicotine products.
Iowa Governor Kim Reynolds signed Senate File 2268 into law on June 29, 2020 that raises the minimum age for a person to purchase, use, or sell tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes in Iowa from 18 to 21 years old. The new minimum age requirement takes effect immediately. 781b155fdc