Consumer News: New FDA ID Regulations for Smokers Under 30

FDA's New Regulation

In a continued effort to curb youth tobacco use, the U.S. Food and Drug Administration (FDA) has introduced a new rule aimed at strengthening age verification requirements for tobacco product sales. This latest action builds on the 2019 legislation that raised the federal minimum age for purchasing tobacco products, including e-cigarettes, from 18 to 21 years.

Effective Date

The new rule, set to take effect on September 30, 2024, is designed to further reduce the chances of underage individuals accessing tobacco products. Beginning September 30, all tobacco retailers will be required to verify the age of any customer who appears to be under 30 years old. This is an increase from the previous requirement, which applied to customers under 27.

Vending Machine Sales

• This new rule also prohibits the sale of tobacco products via vending machines in any facility where individuals under 21 are present or permitted to enter at any time.
• Previously, this restriction only applied to locations where individuals under 18 were allowed.

Public Health Strategy

This change reflects the FDA's ongoing commitment to minimizing the availability of tobacco products to minors. The FDA’s decision to strengthen age verification and restrict vending machine sales is part of a broader strategy to protect public health, particularly among young people.

Impact of Early Tobacco Use

Brian King, Ph.D., M.P.H., director of the FDA’s Center for Tobacco Products, emphasized the importance of these measures. He stated that today’s rule is another key step toward protecting our nation’s youth from the health risks of tobacco products. The impact of early tobacco use is well-documented, with more than 95% of U.S. adults who smoke daily having smoked their first cigarette by the age of 21. By making it more difficult for young people to access tobacco products, the FDA aims to reduce the number of individuals who start smoking at a young age, thereby lowering the incidence of tobacco-related diseases and deaths.

Resources for Retailers

To help retailers adapt to these new requirements, the FDA is offering a variety of resources aimed at improving compliance. The agency has developed the This is Our Watch program, which includes tools such as a digital age verification calendar and an age calculator app. These resources are designed to assist retailers in accurately determining the age of customers and ensuring that tobacco products are only sold to those who are legally permitted to purchase them.

In addition to these tools, the FDA provides access to the Searchable Tobacco Products Database, which allows retailers to verify which tobacco products are legally marketed in the United States. The agency will continue to update its resources and provide further information on these latest requirements on its website.