FDA Announces New Rule: Age Verification Required for Tobacco Sales, Vending Machines Restricted to 21+

FDA Issues Final Rule Raising Minimum Age for Tobacco Sales Restrictions

Today, the U.S. Food and Drug Administration (FDA) announced a final rule that updates the minimum age requirements for certain tobacco product sales, aiming to further curb underage tobacco consumption. This rule builds on the legislation signed in December 2019, which had already raised the federal minimum age for purchasing tobacco products from 18 to 21.

Starting September 30, retailers will be required to verify the age of anyone under 30 who attempts to buy tobacco products, including e-cigarettes. Previously, this verification was required for anyone under 27. Retailers must ask for and check photo IDs for anyone who appears younger than 30, as relying on appearance alone is not reliable for accurately determining age.

Additionally, beginning September 30, tobacco sales through vending machines will be restricted to facilities where individuals under 21 are not allowed. This change updates the previous rule, which restricted vending machine sales in places where individuals under 18 could be present. These updates are designed to strengthen the impact of the original legislation from December 2019.

Brian King, Ph.D., M.P.H., director of the FDA’s Center for Tobacco Products, emphasized, “Today’s rule is another key step toward protecting our nation’s youth from the health risks of tobacco products. Decades of science have shown that keeping tobacco products away from youth is critical to reducing addiction and tobacco-related diseases.”

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The legislation from December 20, 2019, not only raised the federal minimum age for tobacco sales to 21 but also mandated the FDA to implement additional age verification requirements. The FDA’s ongoing efforts to prevent youth access to tobacco include over 1.5 million compliance checks of tobacco retailers, resulting in significant enforcement actions such as 134,000 warning letters, over 33,000 civil money penalties, and 230 no-tobacco-sale orders.

To support retailers in adhering to these regulations, the FDA offers resources like the “This is Our Watch” education program, which includes tools for age verification and information on legally marketed tobacco products. Updated resources reflecting these new requirements will soon be available on the FDA’s website.