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 tobacco products. Additionally, retailers may not sell 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.
Additional resources, including further information on these latest requirements, will be made available in the near future.
FDA has free resources available to assist retailers in calculating the age of customers.
In Summer 2019, FDA released the digital age verification calendar as part of the "This is Our Watch" voluntary retailer education program. Retailers who use FDA’s "This is Our Watch" digital age verification calendar may update the minimum purchase age on the calendar to 21 years. 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’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. Retailers who use FDA’s Age Calculator app should update the age limit to 21 years through the app settings. Instructions are provided within the help feature of the app.
Download the “FDA Age Calculator,” a voluntary smartphone application to help retailers comply with federal, state, and local age restrictions for selling tobacco products.