The landscape of tobacco retail is shifting, with new regulations set to have a significant impact on how tobacco products are sold. The FDA has issued a final rule that raises the minimum age for certain restrictions on tobacco product sales, in accordance with the Further Consolidated Appropriations Act signed in December 2019.
One of the key changes outlined in the rule is the requirement for retailers to verify the age of anyone under 30 who is trying to purchase tobacco products. This includes e-cigarettes, with the age limit being raised from 27 to 30. The rule, which goes into effect on September 30, aims to reduce underage tobacco sales by ensuring that retailers request and examine photo IDs to verify the age of customers.
In addition to the age verification requirements, the rule also prohibits retailers from selling tobacco products in vending machines where individuals under 21 are present or allowed to enter. This prohibition, which previously only applied to businesses serving those under 18, is another measure aimed at protecting young people from accessing tobacco products.
The FDA’s Center for Tobacco Products Director, Brian King, emphasized the importance of these regulations in protecting youth from the health risks associated with tobacco products. Studies have shown that the majority of daily smokers in the U.S. began smoking before the age of 21, highlighting the need to restrict access to tobacco products for young people.
The FDA has been actively enforcing the federal minimum age of sale for tobacco products, conducting over 1.5 million compliance checks of tobacco retailers to ensure adherence to age restrictions. Violations have resulted in warning letters, civil money penalties, and no-tobacco-sale orders. The agency continues to provide resources to help retailers comply with tobacco laws and regulations.
Retailers are encouraged to utilize the Searchable Tobacco Products Database to ensure that they are legally marketing tobacco products in the U.S. The FDA is committed to robustly enforcing age restrictions to prevent young people from accessing tobacco products and supports retailers in complying with regulations.
Overall, the new regulations imposed on tobacco retailers signal a shift towards greater protections for young people and a commitment to reducing the prevalence of tobacco-related disease and death in the U.S. Retailers must be prepared to adapt to these changes and prioritize age verification to comply with federal requirements.
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