Helping Retailers Navigate Tobacco-21 Laws

WASHINGTON, D.C.—As more states raise the minimum age to buy tobacco products, the Food and Drug Administration (FDA) and the nonprofit We Card program are rolling out or updating free resources to help retailers navigate the changes and ensure compliance with tobacco regulations.

The FDA this month is issuing a digital age-verification calendar as part of the “This is Our Watch” voluntary retailer education program. The agency is mailing the digital calendar to retailers across the U.S, and it also will be available to order for free from the Center for Tobacco Products' Exchange Lab in coming weeks.

While the federal minimum age to purchase tobacco products is 18, many cities and states have set a higher minimum purchase age, with some carving out exceptions for military service members. Others have increased the age to Ask-for-ID to “under 30” years old—higher than the FDA requirement of “under 27” years old.

The FDA’s digital calendar allows retailers to set the age appropriate for their location and will replace the paper calendars the agency initially distributed through the “This is Our Watch” program.

The “This is Our Watch” voluntary program provides free materials to help retailers understand how to comply with tobacco regulations. The materials also emphasize the retailer’s role in protecting youth from the harms of tobacco use. A full toolkit of resources is available to order or download for free including posters, stickers, flyers and more.

NACS is a strong proponent of the We Card program to identify and deny any attempts by minors to purchase age-restricted products. We Card is a nonprofit organization serving retailers of tobacco, alcohol, e-cigarettes, vapor and other age-restricted products.

As of June 10, 2019, 15 states have raised the tobacco purchase age to 21, along with Washington, D.C. and more than 400 localities, according to We Card.

Starting July 1, Illinois and Virginia retailers who sell tobacco and vaping products must enforce new tobacco-21 purchase age laws. Delaware’s tobacco-21 law takes effect July 16. Tobacco-21 laws also are set to take effect in Arkansas, Maryland, Texas, Vermont and Washington, and more states are poised to follow suit.

Retailers should be ready for these fast-moving changes. Preparing your employees and equipping your store to handle young customers who can no longer purchase tobacco and vapor products is vital. And there’s a good possibility that the first time a customer hears of this new law, it will be from you and your store employees.

We Card offers free 21 minimum age resources to help retailers prepare for the new requirements. These include:

New State Law Summaries: A FREE download of each state’s new law’s important basics, covering:

• Minimum age restrictions
  • Any exceptions (e.g., military IDs or grandfathered ages—if in the law)
• Minimum Age to Ask-for-ID (some states have boosted the age to “Under 30”)
• Age-restricted products—Tobacco and Vapor
• Acceptable forms of ID
• State-required signage (if applicable)
• Fines and penalties for violations

FREE 10-minute booster course: This course is meant for all employees and retailers who have been trained but need to raise awareness of the new minimum-wage laws—and importantly—how to handle previous legal-age customers who aren’t aware of the new law. The course highlights any state law exceptions to the 21-year minimum-age, alerts employees to the age to Ask-for-ID, and includes optional age-calculation practice, plus a technique for denying underage sales with positive customer service. 

Retailers who have their own training programs are encouraged to take advantage of this free booster course and make sure their employees have the skills and knowledge to comply with the new 21 year minimum-age state law.

New store signs: Switching out the old 18-year-old minimum-age signage with the new 21-year-old version is important for both your employees and your customers. The latest We Card kits will help prepare you for the change and include updated Employee Guides with the new law summaries. Click here to order your kit.

For more information about We Card, contact Doug Anderson at [email protected].