FDA finalizes new age restrictions on sale of tobacco products

The U.S. Food and Drug Administration published a final rule raising the age of certain restrictions on the sale of tobacco products, according to an agency press release.

The final rule appeared in the Aug. 30 Federal Register and requires retailers to verify with photo ID anyone aged younger than 30 years attempting to purchase tobacco products, including e-cigarettes. Previous rules required photo ID verification of individuals aged younger than 27 years.

“It’s important for retailers to request and examine photo IDs to verify age from anyone under 30, regardless of appearance, as research has shown that it is difficult for retailers to accurately determine the age of a customer from appearance alone,” the FDA advised in the release.

The new requirements also prohibit the sale of tobacco products via vending machines in venues where individuals aged younger than 21 years “are present or permitted to enter at any time,” the release said.

The Federal Register notice indicated that both rule changes have an effective date of Sept. 30.

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

Both changes aim to reduce the number of underage smokers and aligns retailer requirements with new age restrictions established in 2019, when the Further Consolidated Appropriations Act increased the federal minimum age for the purchase of tobacco products to 21 years.

References:

• Food and Drug Administration. Prohibition of sale of tobacco products to persons younger than 21 years of age. Federal Register 89, no. 169 (Aug. 30, 2024): 70483.
• FDA issues final rule increasing the minimum age for certain restrictions on tobacco sales (press release). Available at: https://www.fda.gov/news-events/press-announcements/fda-issues-final-rule-increasing-minimum-age-certain-restrictions-tobacco-sales. Released Aug. 29, 2024. Accessed Aug. 30, 2024.