Final ruling: FDA increases minimum age for tobacco sales restrictions

A final rule issued by the FDA today that raises the minimum age for certain restrictions on tobacco product sales, aimed to help decrease underage tobacco sales, will be implemented on September 30, 2024, according to a press release from the federal agency.¹

The ruling includes a requirement that retailers must verify, with photo identification, the age of anyone under the age of 30 years who is attempting to purchase tobacco products, including e-cigarettes. In addition, retailers will not be permitted to sell tobacco products through vending machines in facilities where individuals under 21 years of age are present or permitted to enter at any time. Previously, this prohibition applied to individuals under 18 years of age.¹

These new and updated requirements are in line with legislation signed in December of 2019 that immediately raised the federal minimum age of sale of tobacco products throughout the United States from 18 to 21 years of age.¹

“Today’s rule is another key step toward protecting our nation’s youth from the health risks of tobacco products,” said Brian King, PhD, MPH, director, Center for Tobacco Products, FDA, in a press release. "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.”¹

According to a June 2024 article published by the FDA that highlighted the 2023 results from the Annual National Youth Tobacco Survey, approximately 2.8 million youth currently use any tobacco product. From 2022 to 2023, results demonstrated a decrease in overall tobacco use among youth (16.5% to 12.6%, respectively) among high school students. According to results, the decline was driven by e-cigarettes. Despite the decrease among high school students, an increase was observed in overall tobacco use among middle school students (4.5% to 6.6%) and multiple tobacco product use (1.5% to 2.5%).²

Under the federal agency's final ruling, all retailers "must verify with photo identification 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," stated the FDA.¹

In an April 2024 interview with Contemporary Pediatrics, Angela Nash, PhD, APRN, CPNP-PC, PMHS, associate professor, Cizik School of Nursing Faculty, UT Health Houston, explained substance use trends that are being observed among youth in the United States.³

"I think all primary care practices should screen for alcohol and drug use, starting at a very young age, because we do know that youth who start using any substance below the age of 15 are 5-times more likely to become addicted. The younger they start, the more likely they are to develop a substance use disorder," said Nash.³

Those screenings can help to protect children and youth from accessing tobacco products as well, in line with the FDA's efforts by the issuance of this final ruling. The agency stated in the ruling that over 95% of adults in the United States who smoke daily had their first cigarette by age 21.¹

References:

1. FDA Issues Final Rule Increasing the Minimum Age for Certain Restrictions on Tobacco Sales. FDA. Press release. August 29, 2024. Accessed August 29, 2024. https://www.fda.gov/news-events/press-announcements/fda-issues-final-rule-increasing-minimum-age-certain-restrictions-tobacco-sales?utm_medium=email&utm_source=govdelivery
2. Results from the annual national youth tobacco survey. FDA. Updated June 25, 2024. Accessed August 29, 2024. https://www.fda.gov/tobacco-products/youth-and-tobacco/results-annual-national-youth-tobacco-survey
3. Fitch, J. Substance use trends among youth and importance of screenings. Contemporary Pediatrics. April 16, 2024. Accessed August 29, 2024. https://www.contemporarypediatrics.com/view/substance-abuse-trends-among-youth-and-importance-of-screenings