Note: In April 2021, FDA announced its plans to propose tobacco product standards within the next year to ban menthol as a characterizing flavor in cigarettes and ban all characterizing flavors (including menthol) in cigars.
These laws are designed to make regulated tobacco products less accessible and less attractive to youth. Every day, nearly 1,500 kids smoke their first cigarette and about 200 kids become daily cigarette smokers.7 Additionally, the CDC and FDA found that in 2020, 19.6 percent of high school students currently used e-cigarettes.8 Many of these children will become addicted before they are old enough to understand the risks. As a retailer, you play an important role in protecting children and adolescents by complying with the law and regulations.
Kaleb White, 18, smokes a cigarette after work at his residence in Mattoon. He said he usually smokes one after work to unwind. White will be one of those affected by the state law raising the legal smoking age to 21.
Chicago had a 36 percent decline in cigarette and e-cigarette use among 18- to 20-year-olds after raising its legal purchasing age to 21 in 2016, according to a 2017 Chicago Department of Public Health survey.
Illinois lawmakers this session also passed a $1 per-pack cigarette tax increase. The state tax now totals $2.98, the second-highest in the Midwest after Minnesota. Additionally, e-cigarettes will be taxed at 15 percent. Both taxes start July 1.
Note. The age at which minors in the United States could purchase cigarettes declined over the course of the 20th century; state minimum ages of legal access have remained at 18 or 19 years since 1993, although a minimum age of legal access of 21 years was enacted in Hawaii in 2015.
Cigarette manufacturers, at that time dominated by American Tobacco, developed extensive lobbying efforts against these new laws.11 Between 1890 and its court-ordered breakup in 1911, American Tobacco filed lawsuits challenging legislation that banned the sale of cigarettes, as well as recruited allies from the railroad industry, newspapers, and retailers to lobby on its behalf against license fees and tobacco bans.11 A historian of the Progressive Era noted in her book Cigarette Wars that the company had a reputation for attempting to bribe state legislators:
These changes in state laws suggested that minimum ages could be lowered but not permanently eliminated. A 1968 public relations study for Philip Morris surveyed business leaders, theologians, academics, and newspaper editors in part to identify the lowest minimum age of legal access that would be politically feasible. Most respondents believed that 18 years was the youngest, although the survey proposed that respondents consider ages as low as 14 years.53 The study also polled a broader cross-section of respondents; of these
This summary of state legislative anti-tobacco proposals in 1969 clearly underscores the need for federal pre-emption of state and local action pertaining to the control and regulation of the advertising and distribution of cigarettes and other tobacco products.54(p61)
Chicago saw a 36 percent decline in cigarette and e-cigarette use among 18- to 20-year-olds after raising its legal purchasing age to 21 in 2016, according to a 2017 Chicago Department of Public Health survey.
Tobacco use is the leading cause of preventable disease, disability, and death in the United States.1 Among US adults in 2019, about 34 million adults currently (in the past 30 days) smoked cigarettes.2 Nearly 9 out of 10 adults who smoke cigarettes daily first start smoking by age 18; after age 25, almost no adults begin smoking or transition to daily smoking.1
A recent study found that people starting to smoke regularly at age 18 to 20 years have higher odds of nicotine dependence and lower odds of smoking cessation than people starting to smoke at age 21 years or older.3 These findings align with an National Academy of Medicine report from 2015 predicting that raising the minimum legal sales age (MLSA) for tobacco products from 18 to age 21 or 25 would likely lead to substantial reductions in smoking prevalence and smoking-related deaths.4 This factsheet describes federal and state laws establishing minimum age requirements relating to tobacco sales.
In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) giving the US Food and Drug Administration (FDA) comprehensive authority to regulate the manufacturing, marketing, and sale of tobacco products. As enacted, it applied to cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco.6 In 2016, FDA finalized a rule that extended its regulatory authority to all tobacco products, including e-cigarettes, cigars, and hookah and pipe tobacco.7 After adopting this rule, no tobacco products could be sold to individuals younger than age 18.
With the passage of the federal T21 law, there have been corresponding updates to the Synar program as well. To receive their substance abuse block grant funds, states and territories must now report on illegal sales to people younger than age 21, regardless of whether they have raised their own MLSA to 21.5
Determining what laws apply to e-cigarette products often involves knowing whether your state classifies e-cigarettes as tobacco products. The Food and Drug Administration (FDA) considers them tobacco products, but many states have yet to define e-cigs as tobacco products in their laws. It is important to note that some counties, cities, or municipalities may have their own bans in public places or certain buildings, so you should also consider local laws and ordinances before vaping.
E-cigarettes and vaping banned in the same places as smoking (Section 328J-1). Use banned in all parks and at all University of Hawaii properties (Section 304A-122(a)). Purchase requires an ID even if using a mail order delivery service (Section 245-17(b)).
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
The new law will face challenges in enforcement. The changes take effect on July 1, 2019, and all establishments selling or offering tobacco products, electronic cigarettes, or other nicotine products will be required to verify that their customers are 21 years of age or older.
The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.
E-cigarettes are battery-powered devices that heat up liquids containing nicotine or other substances, creating water vapor that is inhaled. Their popularity has skyrocketed with the advent of small, cheap vaping devices widely available in many kinds of stores.
Pritzker in June signed a budget including a new 14.5% tax on vaping products, which went into effect July 1. The Illinois budget also set the legal age for buying traditional and e-cigarettes at 21.
In virtually all states with a tax on traditional cigarettes, revenue from the taxes has declined with the falloff in smoking. The Tax Foundation, a conservative think tank based in Washington, D.C., reports that across almost all states, cigarette tax hikes produced a temporary bump in revenue, followed by lower collections in later years.
Use declined for the first time from 2015 to 2017, but then rose again. It increased 78% among high school students, from 11.7% in 2017 to 20.8% in 2018. The recent uptick coincides with the soaring popularity of e-cigarettes made by Juul Labs Inc. and its imitators, which market small, handy refillable dispensers that look like large thumb-drives, along with nicotine-containing liquid cartridges.
The vaping group is, however, opposed to increasing taxes on e-cigarettes. Doing so reduces the financial incentive to switch to vaping products, which Conley says are safer ways of ingesting nicotine.
It was the youth trend in vaping that finally persuaded the Vermont legislature to approve taxes on e-cigarettes, according to Rep. George W. Till, a Democrat who sponsored the House version of the bill (the Senate version eventually passed). A similar bill failed last year.
The association, which does not lobby on the state or local level, has supported federal legislation to raise the age for buying all tobacco products to 21 as well as legislation that would expand the federal Prevent All Cigarette Trafficking (PACT) Act to e-cigarettes. The PACT Act, which went into effect in 2010, regulates Internet purchases of cigarettes to make sure state and local taxes are collected and requires delivery services to check the age for purchasers before packages of cigarettes are delivered.
Raising the legal age to purchase tobacco products in the United States from 18 to 21 marks a major public health achievement for the White House. There already have been several states that have individually passed legislation to raise the tobacco-buying age to 21.
In September, Trump said that the US Food and Drug Administration would put out \"some very strong recommendations\" regarding the sale of flavored e-cigarettes. At the time, Trump administration officials said the agency would remove all non-tobacco-flavored vaping products from the market.
Health organizations have pressured the administration to ban flavors, which are popular among young people. Vaping advocates have argued they're a tool for adult smokers to quit combustible cigarettes. Vape shop owners have argued that limits on sales of flavors would destroy their businesses. 59ce067264