FDA Increases Minimum Age for Tobacco Sales

The new rule will apply to certain restrictions and is effective September 30.

August 30, 2024

The U.S. Food and Drug Administration (FDA) announced a final rule that raises the minimum age for certain restrictions on tobacco product sales. The agency stated that the requirements are in line with legislation signed in December 2019 that immediately raised the federal minimum age of sale of tobacco products in the United States from 18 to 21 years of age.

Once implemented, the requirements are expected to help decrease underage tobacco sales, the agency said. FDA stated that the action “is part of ongoing federal efforts to protect young people from accessing tobacco products.”

Beginning September 30, retailers must use photo identification to verify the age of anyone under the age of 30 who is trying to purchase tobacco products, including e-cigarettes. Previously, this requirement applied to anyone under the age of 27.

Additionally, starting September 30, retailers may not sell tobacco products via vending machine 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 at any time.

The Further Consolidated Appropriations Act, signed into law on December 20, 2019, increased the federal minimum age for the sale of tobacco products from 18 to 21 across the United States.

NACS developed TruAge to help retailers with age verification. It is an innovative, universally accepted age-verification system that makes it more accurate to verify an adult customer’s age when purchasing age-restricted products, and at the same time makes identity theft difficult. 

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