FDA Issues New Tobacco Age Restriction Enforcement Rules, Targeting Retailers and Vending Machines

Since most smokers become addicted to nicotine at a young age, federal regulators have announced new restrictions on the sale of tobacco products, requiring age verification of anyone under the age of 30, and limiting vending machines to facilities that never permit anyone under the age of 21 to enter at any time.

The U.S. Food and Drug Administration (FDA) issued a final rule implementing these new tobacco age restrictions on August 29, as part of a continuing effort to prevent minors and young adults from developing addictions, which may lead to the consumption of dangerous tobacco-related products for the rest of their lives.

The new rules go into effect on September 30, applying to the sale of any tobacco products, including e-cigarettes, which have become the most widely used products that introduce nicotine to prior non-smokers.

According to the new restrictions retailers must now verify the age of anyone purchasing tobacco products who is under the age of 30, regardless of how old they appear to be. The FDA indicates that age must be verified with a photo ID, since research has shown that it is nearly impossible for retailers to accurately determine the age of a customer based on their appearance alone. Previous rules only applied to individuals under the age of 27.

The new rules also prohibit the sale of tobacco products through vending machines in places where people under the age of 21 are allowed to enter. This rule previously only restricted tobacco vending machines from places where people 18 years or younger were present.

“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,” said Brian King, Ph.D., M.P.H., director of the FDA’s Center for Tobacco Products.

Tobacco Concerns in the U.S.

Federal officials indicate that the new rules are part of ongoing federal efforts and other rules issued to prevent teens and young adults from accessing tobacco products, including e-cigarettes, and becoming addicted to nicotine. This includes legislation finalized in 2019, which raised the federal minimum age of tobacco product purchase in the U.S. from 18 to 21 years old.

More than 95% of U.S. adults who smoke daily report that they smoked their first cigarette by the age of 21. According to data from the U.S. Centers for Disease Control and Prevention (CDC), one-fifth of all adults in the U.S., or more than 50 million people, smoke or vape.

Research indicates teen access to vaping and flavored e-cigarette products increases the likelihood they will try smoking tobacco cigarettes as they get older.

Over the past 10 years, rates of teen vaping have increased significantly. Data indicates that exposure to e-cigarettes, tobacco-positive advertising and social media encourage teens to smoke tobacco cigarettes, with fears that the current vaping climate may lead to a new generation of cigarette smokers.

The FDA has conducted more than 1.5 million compliance checks of tobacco retailers to ensure compliance with federal age restrictions. They’ve issued 134,000 warning letters, thousands of civil money penalties, and more than 200 no-tobacco-sale orders to retailers that failed to comply.