In short, yes. Under the new “Tobacco 21” legislation that was passed in 2019, selling tobacco laws were amended and raised the federal minimum age for the sale of tobacco products from 18 years of age to 21 years of age.
It is important to note that prior to December 20, 2019, the minimum age required to purchase tobacco products in the United States varied by state and territory. However, since the “Tobacco 21” Act was passed on December 20, 2019, the smoking age in all United States and territories is 21 years. There are no state exemptions for the federal requirement and law.
The federal law imposes both civil and criminal penalties on retailers or other businesses that sell tobacco products to minors. As such, any retailer or business owner that violates the federal law will be subject to jail time, fines, or revocation of their business license to sell tobacco products.
According to the United States Food and Drug Administration’s (“FDA”) website on the new “Tobacco 21” law, the FDA is actually conducting nationwide compliance checks to ensure that businesses and retailers are following the new law by utilizing people under the age of 21 to conduct compliance tests.
Additionally, the FDA has noted that they expect retailers and business owners that engage in the sale of tobacco products to continue to verify the age of anyone under the age of 27. As a best business practice, many retailers and businesses are now making their employees or anyone that works for the business to verify the ID of all consumers of tobacco products, regardless of their appearance.
Who Is Considered a Minor?
As mentioned above, a minor is now federally defined as any natural person that is under the age of 21 years old. As such, any person that is under the age of 21 that possesses a tobacco product will be considered to be a minor in possession of tobacco. Once again, the federal law that changed who is considered to be a minor in relation to the sale of tobacco was changed and effective immediately as of December 20, 2019.
It is also important to note that the new “Tobacco 21” law applies to sales of any and all tobacco products. This means that any product that contains tobacco, cannot be sold to anyone under 21 years of age.
Examples of tobacco products include:
- Cigarettes;
- Smokeless Tobacco;
- Cigars;
- E-cigarettes or other electronic nicotine delivery systems;
- E-liquids;
- Pipe tobacco; and/or
- Any other nicotine delivery system.
What Do These State Laws Require of Tobacco Vendors?
As mentioned above, states and state laws are required to follow the new Federal laws regarding the sale of tobacco to minors. As such, it is required that tobacco vendors post signs at the point of sale that state that the sale of tobacco to minors is illegal. Additionally, tobacco vendors must also check the I.D. of any consumer buying tobacco products if they appear to be under the age of 27 years of age.
Once again, the new federal minimum age for the sale of tobacco to minors applies to all retail establishments and persons with no exceptions. Additionally, under the new Federal law, the federal government may cease to award states certain grant monies if they violate the new law and sell tobacco products to individuals under 21 years of age.
For example, the federal 1992 Synar Amendment to the Alcohol, Drug, and Mental Health Administration Reorganization Act provides that a state which sells cigarettes to minors may be denied Substance Abuse Prevention and Treatment Block Grant (“SABG”) awards.
Further, any state that violates the federal law prohibiting the sale of tobacco to a minor may also not receive grant funds from the Federal Department of Health and Human Services (“HHS”).
What Can Happen If I am Caught Selling Tobacco to a Minor?
An example of a common selling tobacco to minors penalty is to receive a warning letter from the FDA. However, future violations regarding the sale of tobacco to minors may result in further civil and criminal penalties, such as:
- A civil monetary penalty; and
- Revocation of professional and business licenses which result in a no tobacco sale order, where the retailer or business cannot sell tobacco products for a specified or indefinite period of time.
Retailers can review all of the requirements regarding selling tobacco to a minor on the FDA’s website or by reviewing the Tobacco 21 Act directly.
Is it Illegal for Minors to Attempt to Purchase Tobacco Products?
In short, yes. Buying tobacco for a minor or a minor attempting to purchase tobacco products is illegal. As far as the range of punishments, that will vary based on the jurisdiction in which the minor is caught attempting to purchase tobacco products.
Examples of common penalties associated with minors attempting to purchase tobacco products include:
- The minor being ordered to pay a civil fine;
- The minor being ordered to perform community service; and/or
- The minor being ordered to complete an educational program.
How Can I Protect Myself From Accidently Selling Tobacco to Minors?
Retailers and businesses that sell tobacco products can protect themselves from accidently selling tobacco to minors by understanding and following federal and local laws. Any retailer that has a question regarding the new federal law and how to comply with it, should review the federal legislation or review the legislation with an experienced business attorney.
Any employee of a retailer that sells tobacco products should ask their employer to post signs that state clearly that their retail establishment will not sell tobacco to minors to help the employees enforce the new rules. Retail establishments should also establish a procedure to help verify the age of any person that attempts to buy tobacco in their store.
Furthermore, you can request additional training such as how to spot a fake ID. By taking these steps, you can help ensure that you are not caught selling tobacco to a minor.
How Do I Report a Business Selling Tobacco to Minors?
If an individual witnesses a business selling tobacco products to minors, it is important to report such violations to the FDA and local authorities. For example, at the local level, a person may call the respective compliance division department that deals with licenses to sell alcohol and tobacco products for that jurisdiction. At the federal level, a person can report a business selling tobacco to minors by contacting the FDA.
Do I Need a Lawyer If I Am Caught Selling Tobacco to a Minor?
As can be seen, an individual caught selling tobacco to a minor, may be punished both civilly and criminally. As such, if you, or an employee of yours, have been caught selling tobacco to a minor, it is in your best interests to consult with an experienced criminal lawyer.
An experienced criminal lawyer will be able to provide you with a solid legal defense, and get any charges brought against you reduced or dismissed depending on the facts of your case. Finally, an attorney can also represent you at any necessary in person proceeding.
