In a move aimed at safeguarding the health of the nation's youth, the U.S. Food and Drug Administration (FDA) has announced a final rule that raises the minimum age for certain restrictions on tobacco product sales. This decision is in line with the legislation signed into law in December 2019, which immediately raised the federal minimum age of sale of tobacco products in the United States from 18 to 21 years.

Under the new rule, which will be implemented starting September 30th, retailers will be required to verify the age of anyone under the age of 30 who is attempting to purchase tobacco products, including e-cigarettes, by requesting photo identification. This requirement was previously applicable to individuals under the age of 27. The FDA emphasizes that retailers should not solely rely on appearance to determine a customer's age, as research has shown the difficulty in accurately gauging age based on looks alone.

Additionally, starting September 30th, it will be prohibited for retailers to sell tobacco products through vending machines in facilities where individuals under the age of 21 are present or allowed to enter at any time. This prohibition previously applied to facilities where individuals under 18 were present or permitted to enter. These changes, along with other amendments made by the final rule, aim to maximize the public health impact of the existing December 2019 legislation.

According to Brian King, Ph.D., M.P.H., director of the FDA's Center for Tobacco Products, "Today's rule is another key step toward protecting our nation's youth from the health risks of tobacco products. 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."

The Further Consolidated Appropriations Act, signed into law on December 20, 2019, raised the federal minimum age for tobacco sales to 21 nationwide. Consequently, it became illegal to sell tobacco products, including e-cigarettes, to anyone under 21 years old. The legislation also directed the FDA to take the current action, increasing the age for certain requirements related to tobacco product sales.

This latest action by the FDA is part of ongoing federal efforts to protect young people from accessing tobacco products. Studies have shown that more than 95% of U.S. adults who smoke daily had their first cigarette before the age of 21. As such, the FDA continues to rigorously enforce the federal minimum age for tobacco product sales, even after it was raised to 21. To date, the agency has conducted over 1.5 million compliance checks of tobacco retailers to ensure adherence to the age restrictions. These inspections have resulted in 134,000 warning letters, more than 33,000 civil money penalties, and 230 no-tobacco-sale orders for violations related to federal age restrictions.

Furthermore, the FDA continues to support retailers in their compliance efforts by providing resources and tools. The voluntary education program called "This is Our Watch" offers free resources to assist retailers in accurately determining the age of customers, including a digital age verification calendar and an age calculator app. Retailers can also access information on tobacco products legally available in the U.S. through the Searchable Tobacco Products Database. Updated resources, including further details on the latest requirements, will be made available on the FDA's website in the near future.

As an agency within the U.S. Department of Health and Human Services, the FDA plays a crucial role in protecting public health. Not only does it ensure the safety, effectiveness, and security of drugs, vaccines, and medical devices, but it is also responsible for regulating tobacco products and maintaining the safety and security of the nation's food supply, cosmetics, dietary supplements, and radiation-emitting electronic products.

With the new rule in place, the FDA aims to curtail underage tobacco sales, ultimately reducing the number of young individuals who become addicted to these harmful products and suffer from tobacco-related diseases. By working in conjunction with retailers and the general public, the FDA continues its mission to promote the well-being of the nation's youth and protect them from the risks associated with tobacco use.