The Age to Buy Tobacco: A Comprehensive Guide to Tobacco Purchasing Laws
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Introduction
In recent years, there has been a growing concern about the impact of tobacco use on public health. Tobacco is known to be a leading cause of preventable diseases, disabilities, and death in the United States. As a result, many states have implemented laws to regulate the purchase and use of tobacco products, with the goal of reducing smoking rates and protecting the health of their residents.
In this comprehensive guide, we will explore the minimum legal sales age (MLSA) laws for tobacco products across different states in the United States. We will delve into the background of tobacco use, the impact of raising the MLSA, federal and state regulations, and the enforcement of these laws. By the end of this guide, you will have a clear understanding of the regulations surrounding the age to buy tobacco products and the efforts being made to prevent tobacco use among young people.
The Impact of Tobacco Use
Tobacco use has long been recognized as a significant public health issue. According to the US Department of Health and Human Services, smoking is responsible for a wide range of health problems and is the leading cause of preventable diseases, disabilities, and deaths in the United States[^1]. In 2019, approximately 34 million adults in the US were current cigarette smokers[^2]. It is alarming to note that nearly 9 out of 10 adults who smoke cigarettes daily started smoking before the age of 18[^1].
Studies have shown that individuals who start smoking at a younger age have a higher likelihood of nicotine dependence and a lower chance of successfully quitting[^3]. Recognizing the harmful effects of tobacco use, the National Academy of Medicine predicted that raising the MLSA for tobacco products to 21 or 25 would lead to significant reductions in smoking prevalence and smoking-related deaths[^4].
Federal Regulations: Tobacco 21
In 2009, the US Congress enacted the Family Smoking Prevention and Tobacco Control Act, granting the US Food and Drug Administration (FDA) authority to regulate the manufacturing, marketing, and sale of tobacco products[^6]. Initially, the act applied to cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco. However, in 2016, the FDA extended its regulatory authority to include all tobacco products, including e-cigarettes, cigars, and hookah and pipe tobacco[^7].
One of the most significant developments in federal tobacco regulations was the passage of the Tobacco 21 legislation on December 20, 2019[^8]. This legislation raised the minimum legal sales age for tobacco products from 18 to 21 years. As a result, it is now illegal for retailers to sell any tobacco product, including cigarettes, cigars, and e-cigarettes, to anyone under the age of 21[^8].
The federal Tobacco 21 law applies to all retail establishments, including those in states, US territories, and on tribal lands. It does not provide any exemptions for active duty military personnel or military veterans between the ages of 18 and 20, as some states previously allowed[^8]. This federal law has had a significant impact on MLSA laws across the country, prompting many states to raise their MLSA to 21 years.
State Regulations: Raising the MLSA
Following the passage of the federal Tobacco 21 law, many states took action to align their MLSA laws with the new federal regulations. The CDC State Tobacco Activities Tracking and Evaluation (STATE) System provides valuable information on the MLSA laws in each state and territory[^10]. As of December 31, 2023, 41 states, 3 territories, and the District of Columbia have enacted a MLSA of 21 years for purchasing any tobacco product[^10].
However, it is important to note that the federal Tobacco 21 law does not preclude states, localities, tribes, or territories from enacting even more restrictive laws. Some states have chosen to raise the MLSA for tobacco products above the federal requirement of 21 years[^10]. In these states, retailers must comply with both state and federal laws to ensure they are selling tobacco products legally.
It is worth mentioning that there are some variations in MLSA laws among the states. For example, Mississippi state law prohibits individuals under the age of 21 from purchasing any tobacco product or alternative nicotine product, including e-cigarettes. However, Mississippi’s MLSA for cigarettes and other tobacco products remains at age 18, making it an exception to the states that have raised their MLSA to 21 years[^10].
Enforcement of MLSA Laws
To enforce the MLSA laws, states and territories have implemented various measures. These measures include conducting inspections of tobacco retailers to ensure compliance, collecting data on sales to underage individuals, and imposing penalties for violations of MLSA laws. The Synar Program, established in 1992, plays a crucial role in helping states and territories enforce MLSA laws and receive federal substance abuse block grant funding[^10].
Under the Synar Program, states and territories are required to conduct inspections of tobacco retailers and collect data on sales to underage individuals. Compliance with the Synar Amendment is necessary for states and territories to receive full federal substance abuse block grant funding[^10]. The federal Tobacco 21 law has also prompted updates to the Synar program, requiring states and territories to report on illegal sales to individuals under the age of 21, regardless of their own MLSA laws[^10].
Penalties for violating MLSA laws vary by state but generally involve fines for retailers. For example, in Illinois, the penalties for violating sales provisions range from $200 for a first offense to $800 for a fourth or subsequent offense[^10]. These penalties aim to deter retailers from selling tobacco products to individuals under the legal age and ensure compliance with MLSA laws.
The Benefits of Raising the MLSA
Raising the MLSA for tobacco products has several potential benefits. First and foremost, it helps prevent young people from accessing and using tobacco products. Most underage tobacco users rely on social sources, such as friends and family, to obtain tobacco products. Approximately 90% of individuals who supply cigarettes to minors are themselves under the age of 21[^10].
National data indicate that about 95% of adult smokers started smoking before the age of 21. By raising the MLSA, policies like Tobacco 21 could potentially reduce overall smoking rates by 12% when today’s teenagers become adults[^10]. The greatest impact is expected to be among youth aged 15-17, with a projected 25% decrease in smoking, and those aged 18-20, with a projected 15% decrease[^10].
Raising the MLSA also has potential economic benefits. Smoking-related healthcare costs in the US are estimated at nearly $5.5 billion annually, with an additional $5.3 billion lost due to smoking-related productivity losses[^10]. By reducing smoking rates, especially among young people, MLSA laws can help alleviate the burden of healthcare costs and improve the overall health of communities.
Compliance and Education
Ensuring compliance with MLSA laws is crucial for their effectiveness. Retailers play a key role in preventing underage access to tobacco products by adhering to age verification requirements and updating signage to reflect the new MLSA of 21 years. Additionally, training programs for employees should be updated to include information on age verification and the legal requirements for selling tobacco products.
Education is also vital in promoting compliance and raising awareness about the MLSA laws. Public health campaigns can inform both retailers and the general public about the new regulations and their purpose. By fostering a culture of compliance and understanding, MLSA laws can be effectively enforced and contribute to reducing tobacco use among young people.
Conclusion
The age to buy tobacco products has been a subject of increasing regulation across the United States. With the passage of the federal Tobacco 21 law, the MLSA for tobacco products was raised from 18 to 21 years, making it illegal for retailers to sell tobacco products to individuals under the age of 21. Many states have aligned their MLSA laws with the federal regulations, while others have gone beyond, raising the age even higher.
Raising the MLSA for tobacco products has the potential to significantly reduce smoking rates, especially among young people. By preventing access to tobacco products at an early age, MLSA laws can help protect the health of individuals and communities. They also have economic benefits, reducing healthcare costs associated with smoking-related illnesses.
Enforcement and compliance with MLSA laws are essential for their effectiveness. Through inspections, data collection, and penalties for violations, states and territories are working to ensure retailers adhere to the new regulations. Education and public awareness campaigns play a vital role in promoting compliance and reducing underage access to tobacco products.
As more states adopt and enforce MLSA laws, the hope is to create a healthier and smoke-free future for generations to come. By implementing comprehensive regulations and supporting initiatives to prevent tobacco use among young people, we can work towards a society where the harmful effects of tobacco are significantly reduced.
References
- US Department of Health and Human Services. The Health Consequences of Smoking-50 Years of Progress: A Report of the Surgeon General. Atlanta: US Department of Health and Human Services, Centers for Disease Control and Prevention; 2014.
- Cornelius ME, Wang TW, Jamal A, Loretan CG, Neff LJ. Tobacco Product Use Among Adults – United States, 2019. MMWR Morb Mortal Wkly Rep. 2020; 69:1736-1742. DOI: http://dx.doi.org/10.15585/mmwr.mm6946a4.
- Ali FRM, Agaku IT, Sharapova SR, Reimels EA, Homa DM. Onset of regular smoking before age 21 and subsequent nicotine dependence and cessation behavior among US adult smokers. Prev Chronic Dis. 2020; 17:190176. DOI: http://dx.doi.org/10.5888/pcd17.190176.
- Institute of Medicine. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press; 2015.
- Substance Abuse and Mental Health Services Administration. Revision to SAMHSA’s Synar Guidance on Tobacco Regulation. Washington, DC: US Department of Health and Human Services; 2020. [Link]
- 21 U.S.C. § 387.
- 81 FR 28973 (Published May 10, 2016).
- Food and Drug Administration. Tobacco 21 website. [Link]
- Marynak K, Mahoney M, Williams KS, Tynan MA, Reimels E, King BA. State and Territorial Laws Prohibiting Sales of Tobacco Products to Persons Aged <21 years – United States, December 20, 2019. MMWR Morb Mortal Wkly Rep. 2020; 69:189-192. DOI: http://dx.doi.org/10.15585/mmwr.mm6907a3.
- Centers for Disease Control and Prevention. CDC State Tobacco Activities Tracking and Evaluation (STATE) System. CDC STATE System Tobacco Legislation–Youth Access website. [Link]
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