• July 9, 2020

Age to Purchase All Nicotine Vapor and Tobacco Products Raised to 21 Across U.S.

It’s official. You must now be 21 years old to purchase any nicotine vapor products. President Donald Trump signed a spending bill on Dec. 20 which included the age increase through statutory amendment.  It takes effect immediately.

The bill added a new sub-subsection to Section 906(d) of the Food, Drug and Cosmetic Act stating that “[i]t shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age.” 
 
The spending bill signed by Trump provides that the FDA has up to 6 months to propose updated regulations reflecting the increased age, regarding procedures for verifying the age of purchasers who appear to be under 30, and providing other direction and guidance for retailers. 

However, the amendment increasing the age is statutory in nature and effective immediately, according to Tony Abboud of the Vapor Technology Association (VTA), a vapor industry advocacy group. 

In an updated message on its website on Dec. 26, the FDA stated that “Note: On December 20, 2019, the President signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years.

It is now illegal for a retailer to sell any tobacco product – including cigarettes, cigars and e-cigarettes – to anyone under 21. FDA will provide additional details on this issue as they become available.” 

More information here: https://www.fda.gov/tobacco-products/compliance-enforcement-training.)