The new US law raising the federal minimum age of sale of tobacco products from 18 to 21 years has been causing confusion for businesses as retailers and state health departments have so far received little guidance on the law and its enforcement.
State officials have been referred to a statement on the Food and Drug Administration (FDA) website, which reads, in part, “ It is now illegal for a retailer to sell any tobacco product — including cigarettes, cigars, and e-cigarettes — to anyone under 21. FDA will provide additional details on this issue as they become available.”
The bill, which US President Donald Trump signed on December 20, does not include an effective date, but the FDA’s interpretation is that the bill went into effect when it was signed.
Usually, state health departments receive more immediate guidance when laws are implemented, but some have speculated that the delay could be a result of the holidays.
Existing consumers are also confused, wondering if states would grandfather in those who had already been smoking before the age limit goes into effect.