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  5. Tobacco 21
  1. Retail Sales of Tobacco Products

Tobacco 21

On Dec. 20, 2019, the President signed legislation amending the Federal Food, Drug, and Cosmetic Act, and raising the federal minimum age for sale of tobacco products from 18 to 21 years, an important step toward keeping tobacco products out of the hands of youth. This legislation (known as “Tobacco 21” or “T21”) became effective immediately, and since then it has been illegal for a retailer to sell any tobacco product, including e-cigarettes, to anyone under 21. The federal minimum age of sale applies to all retail establishments and persons with no exceptions. Additionally, the law directed FDA to issue a final rule to amend regulations to increase the age of certain requirements for tobacco product sales. 

In August 2024, FDA issued the final rule “Prohibition of Sale of Tobacco Products to Persons Younger than 21 Years of Age." As outlined in the final rule, beginning Sept. 30, 2024, retailers must use a photo ID to verify the age of anyone under the age of 30 trying to purchase cigarettes, smokeless tobacco and covered tobacco products. Additionally, retailers may not sell cigarettes, smokeless tobacco and covered tobacco products with the assistance of a vending machine in facilities where individuals under 21 are present or are permitted to enter at any time.

Tobacco 21 Fact Sheet

  • To help retailers comply with the new rule, FDA has developed a factsheet on these new requirements and FDA resources available to assist retailers in calculating the age of customers.

T21 News

Commonly Asked Questions

  1. How do retailers comply with the T21 law?
    It is unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age. Retailers should check photographic identification of individuals under 30 trying to purchase tobacco products. Retailers should not sell tobacco products via vending machines in facilities where individuals 21 and under are present or are permitted to enter at any time.

    For specific information about the different types of tobacco products, please visit FDA’s Selling Tobacco Products in Retail Stores page.
  2. Is there a federal carveout (or can states seek a waiver for a carveout) for active duty military personnel or military veterans ages 18-20?
    No, the law does not provide any exemptions from the new federal minimum age of 21 for the sale of tobacco products. Retailers in the United States must not sell tobacco products to anyone under the age of 21.
  3. What tobacco products are covered by the T21 law?
    The T21 law applies to sales of tobacco products – including cigarettes, smokeless tobacco, hookah/waterpipe tobacco, cigars, pipe tobacco, liquid nicotine, electronic nicotine delivery systems including e-cigarettes and e-liquids – to anyone under 21 years of age.
  4. Can retailers sell non-tobacco nicotine products to individuals under the age of 21?
    No. It is unlawful for any retailer to sell a tobacco product containing nicotine from any source, including non-tobacco nicotine, to any person younger than 21 years of age.
  5. How is the T21 law enforced by FDA?
    FDA conducts compliance check inspections of tobacco product retailers, both brick and mortar and online, to determine a retailer’s compliance with the sale and distribution requirements under the law, including Tobacco 21. For more information, please visit compliance check inspections.

FDA’s Age Verification Tools for Retailers

FDA has free resources available to assist retailers in calculating the age of customers.

This is Our Watch Digital Age Verification Calendar

FDA offers a digital age verification calendar as part of the "This is Our Watch" voluntary retailer education program. Retailers who would like a "This Is Our Watch" digital age verification calendar may order one free of charge from the FDA Tobacco Education Resource Library.

FDA Age Calculator

FDA’s voluntary smartphone application, “FDA Age Calculator,” can help retailers comply with federal, state, and local age restrictions for selling tobacco products. With the “FDA Age Calculator,” retailers can use their personal smartphones to help determine if a customer is old enough under federal law to buy tobacco products.

Download the “FDA Age Calculator,” a voluntary smartphone application to help retailers comply with federal, state, and local age restrictions for selling tobacco products.

Apple Store App Google Play App

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