Tobacco 21
Since December 2019 it has been illegal across the United States to sell tobacco or vaping products to anyone under 21, a rule that started in one Massachusetts town and spread state by state, aimed at the years when most smokers start.
Overview
United States, federal statute preceded by local and state laws. The federal minimum age of 21 for the sale of tobacco products, including e-cigarettes, took effect on 20 December 2019 when the Further Consolidated Appropriations Act, 2020 (Public Law 116-94) amended section 906(d) of the Federal Food, Drug, and Cosmetic Act. Needham, Massachusetts adopted the first Tobacco 21 ordinance in 2005; Hawaii was the first state in 2016 and California followed the same year; by the federal law's passage nineteen states had acted. Primary text: the FDA Tobacco 21 page and the Congress.gov record of H.R.1865.
Why 21: the large majority of adult smokers begin before 21, and 18-year-olds are the main social source of cigarettes for younger teenagers. A 2015 Institute of Medicine report modelled that raising the age to 21 would cut smoking initiation among 15- to 17-year-olds substantially and reduce lung cancer deaths over the following decades. Evaluations of Needham and of early adopting states found falls in youth smoking relative to comparison areas.
The arguments: retailers and some libertarians object to treating legal adults of 18 differently; public health advocates point out that alcohol has had the same threshold since 1984. Outside the United States, the United Kingdom's Tobacco and Vapes Bill proposes a rising age so that anyone born from 2009 can never legally be sold tobacco, following a similar New Zealand law that was repealed in 2024 before taking effect.
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