The new laws and proposals reflect a major groundswell favoring the restriction of flavored tobacco products and electronic cigarettes as underage use reaches what the U.S. Food and Drug Administration (FDA) calls an epidemic.
In May, Senate Majority Leader Mitch McConnell announced that he and Sen. Tim Kaine filed a bipartisan bill to raise the nationwide age to buy tobacco products from 18 to 21. The Tobacco 21 Bill is a landmark move—the legal age to buy tobacco products in the U.S. hasn’t budged since 1987, when it increased from 16 to 18.
However, “Tobacco 21” has come to signify more than the introduction of this new bill; it’s gaining momentum as both a grassroots and nationwide movement. Over a dozen states have voted to raise the tobacco age to 21, while hundreds of municipalities have taken the same position on a city or county level. Furthermore, individual stores have enacted their own 21+ requirements, regardless of if their state’s law is only 18.
Take Connecticut as a recent example. Local ordinances in the state, such as Hartford, have already raised the minimum age to 21. In May, Connecticut Senate gave final approval to raise the tobacco age to 21 across the whole state, and Governor Ned Lamont has pledged to sign the bill, which passed the Senate in a 33-3 vote after clearing the House. Votes in other states are similarly weighted in as strong a favor.
Connecticut is now positioned to join a growing number of other states in passing a law that prohibits the sale of tobacco products to people under the age of 21, including California, Maryland, Washington, Hawaii, New Jersey, Oregon, Maine, Massachusetts, Arkansas, Virginia, and New York.
The Tobacco 21 Bill doesn’t preclude states and cities to enact even more stringent laws. For instance, Beverly Hills, Ca., just set a precedent when the city council unanimously voted to end tobacco sales inside its perimeter starting Jan. 1, 2021. Only certain cigar lounges and hotels will be exempt from the new legislation.
While some laws are already in full swing, others are poised to launch but have yet to take effect. Amid the variety of stages of these new laws and anticipation of what else will change, and when, one thing is certain: retailers need to adjust the way they sell age-restricted products.
Anti-smoking advocates laud the adoption of these new laws, while retailers of age-exclusive products are intensifying their efforts to prevent underage sales—and those who aren’t will be up against legal consequences, both from the FDA and the governing bodies of different states and municipalities. Many retailers are trying to stay ahead of the curve with new urgency, raising the age to buy their products to 21 in advance of the law taking effect.
WalMart has made an announcement that it will raise the minimum age to buy tobacco to 21 (starting July 1), as has Walgreen’s (starting Sept. 1) and several other major retailers. This has set the tone for smaller players in the industry, many of whom are starting to require a universal 21+ minimum age as well.
Why raise the minimum age to 21 across the country if it’s not yet an official requirement? There are two major reasons we hear the most from our business clients in the tobacco/vape industry:
1.) It’s too difficult to monitor laws as they change so quickly. Raising the minimum age to 21 in anticipation of laws taking effect safeguards businesses from the risks of selling to underage consumers in areas with brand-new legislation.
2.) Some argue that raising the minimum age to 21 cuts out too significant a portion of sales to the 18-21 demographic, but when you look at it from a social good perspective, the revenue loss is a small price to pay to contribute to efforts to keep addictive products out of the hands of young people, at an age when they are most vulnerable to becoming addicted. Far-sighted businesses want to show their willingness to not only comply with, but support, minimum age increases for the greater good of the industry and public health.
Amid new legislation, effective age verification is an absolute necessity for businesses to survive in, and contribute to, the tobacco industry’s future. Online, underage sales are more challenging to enforce.
AgeChecker.net simplifies these challenges by offering a solution that’s efficient for businesses and their customers. Our customizable settings allow business clients to set the minimum age at their own discretion, whether that’s a universal 21 or variable depending on the state or region.
