FDA Raises Minimum Age for Certain Tobacco Sales Restrictions

FDA raises minimum age tobacco sales

The U.S. Food and Drug Administration (FDA) has announced a final rule that increases the minimum age for certain restrictions on tobacco product sales. The new requirements align with legislation signed in December 2019, which raised the federal minimum age of sale of tobacco products in the United States from 18 to 21 years of age.

Starting September 30, retailers must verify the age of anyone under 30 who attempts to purchase tobacco products, including e-cigarettes, using photo identification. This requirement previously applied to anyone under 27. Research has shown that retailers struggle to accurately determine a customer’s age based on appearance alone, making it crucial for them to request and examine photo IDs from anyone under 30, regardless of appearance.

The final rule also prohibits retailers from selling tobacco products via vending machines in facilities where individuals under 21 are present or permitted to enter at any time. Previously, this prohibition applied to facilities where individuals under 18 were present or permitted to enter. These changes aim to maximize the public health impact of the original December 2019 legislation.

Brian King, Ph.D., M.P.H., director of the FDA’s Center for Tobacco Products, emphasized the importance of this rule in protecting the nation’s youth from the health risks associated with tobacco products. He stated, “Decades of science have shown that keeping tobacco products away from youth is critical to reducing the number of people who ultimately become addicted to these products and suffer from tobacco-related disease and death.”

The FDA continues to robustly enforce the federal minimum age of sale for tobacco products, conducting more than 1.5 million compliance checks of tobacco retailers since the minimum age was increased to 21. These inspections have resulted in 134,000 warning letters, more than 33,000 civil money penalties, and 230 no-tobacco-sale orders for violations related to federal age restrictions.

The agency also provides retailers with resources to improve compliance with tobacco laws and regulations, including age of sale restrictions. The FDA has developed a voluntary education program called “This is Our Watch,” which offers free resources to assist retailers in calculating the age of customers, such as a digital age verification calendar and an age calculator app.

Updated resources, including further information on these latest requirements, will be made available on the FDA’s website in the near future.

News source: FDA Issues Final Rule Increasing the Minimum Age for Certain Restrictions on Tobacco Sales

Matthew Ma
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