FDA issues final rule increasing the minimum age for certain restrictions on tobacco sales

Aug. 30, 2024
Tobacco retailers will need to verify age for anyone under 30; vending machine sales will be restricted to 21+ facilities.

The U.S. Food and Drug Administration announced a final rule that raises the minimum age for certain restrictions on tobacco product sales.

These requirements are in line with legislation signed in December 2019 that immediately raised the federal minimum age of sale of tobacco products in the United States from 18 to 21 years of age. Once implemented, the requirements are expected to help decrease underage tobacco sales.  

Beginning September 30, retailers must verify with photo identification the age of anyone under the age of 30 who is trying to purchase tobacco products, including e-cigarettes. Previously, this requirement applied to anyone under the age of 27. It’s important for retailers to request and examine photo IDs to verify age from anyone under 30, regardless of appearance, as research has shown that it is difficult for retailers to accurately determine the age of a customer from appearance alone. 

Additionally, starting September 30, retailers may not sell tobacco products via vending machine in facilities where individuals under 21 are present or permitted to enter at any time. Previously, this prohibition applied to facilities where individuals under 18 were present or permitted to enter at any time. These, and the other changes made by the final rule, aim to maximize the public health impact of the original December 2019 legislation.

FDA release