** Retail establishments such as vape shops that mix and/or prepare e-liquids or assemble vaporizers are considered “tobacco manufacturers”. Many separate regulations apply. See FDA regulations for manufacturers of tobacco products under www.fda.gov. In the United States, laws regarding the minimum age for the purchase and consumption of tobacco products have been enacted by the states, territories, the District of Columbia and the federal government. Prior to 1992, states had exclusive authority to impose their own minimum age. These laws first appeared in the late 19th century, when New Jersey became the first state to set a minimum purchasing age of sixteen in 1883.  In 1920, about half of the states had their minimum purchasing age of twenty-one, and some simply prohibited “minors” (ages 14 to 24) from buying.  In the 1920s, due to lobbying by the tobacco industry, the minimum age was lowered in the United States. and ranged from sixteen to nineteen.  Until 1939, all states had age restrictions for tobacco. However, these laws changed in the 1950s, with Maryland removing its age restrictions.
The American Cancer Society recommended a minimum age of eighteen in 1963, the American Medical Association recommended twenty-one years in 1985, and the Office of the Inspector General of the U.S. Department of Health and Human Services recommended nineteen or twenty-one.  According to a report by the Centers for Disease Control and Prevention, up to 6.2 million U.S. middle and high school students used some type of tobacco product in 2019. The federal law on a minimum age of 21 for all tobacco and vaping products must be complied with – effective December 20, 2019. There are no exceptions to the federal law. Even though state law may vary the minimum age, the federal law 21 minimum age must be followed. Brnovich said his office`s enforcement of tobacco regulations has not changed. “What I understand now is that the federal government is actually going to enforce compliance, and there are some states that choose not to,” Stroud said. “Montana and Wyoming still haven`t raised their ages to 21.” The minimum age to buy tobacco in the U.S. prior to 2019 varied by state and territory.
As of December 2019, the smoking age is 21 in all states and territories after the federal law passed in Congress and was signed by President Donald Trump in December 2019. Until the FDA issues guidelines or regulations on what constitutes an FDA “approved training program,” the FDA states that “the agency intends to use a lower maximum civil penalty schedule for all retailers who violate regulations restricting the sale and distribution of cigarettes and smokeless tobacco products.” whether or not they have implemented an educational program. However, the FDA may consider further reducing the civil fine for retailers who have implemented a training program. State tobacco laws were partially changed in 1992 during the Bill Clinton administration when Congress signed the Synar Amendment into law, requiring states to enact their own laws to have a minimum age of eighteen to purchase tobacco or lose funds through the Substance Abuse and Mental Health Services Administration.  The amendment was adopted in response to adolescent smoking rates.  All states raised their age to eighteen or nineteen in 1993. In 1997, the Food and Drug Administration issued regulations setting the federal minimum age at eighteen, although later the United States. The Supreme Court then ended the FDA`s jurisdiction over tobacco, ending its enforcement practices and leaving that to the states.
 Vapour product means “a non-flammable tobacco product containing nicotine and using a mechanical heating element, battery or circuit, regardless of its shape or size, that can be used to heat a liquid nicotine solution contained in cartridges.” § 13-3622(E)(3) (2022) Disclaimer: A U.S. District Court struck down this rule in February 2020. However, it is expected that these regulations will be reviewed and may re-enter into force before the courts after ongoing adjustments or legal issues. Therefore, retailers should be prepared for this requirement IF it is required once the legal issues have been resolved by the court. In 2009, during the administration of Barack Obama, the Family Smoking Prevention and Tobacco Control Act was passed, which again established a federal minimum age of eighteen and prohibited the FDA from setting a higher minimum age of purchase.  From 1993 to 2012, the smoking age was eighteen or nineteen in all states. In 2005, the city of Needham, Massachusetts, became the first jurisdiction in the country to raise the minimum purchasing age to 21.  Between 2012 and 2015, local communities in the United States began raising their smoking age to twenty-one, with Hawaii becoming the first state to increase its age to twenty-one in 2015.  This began the shift to states that eventually raised their age to twenty-one due to the teen vaping crisis.  In 2019, eighteen states had their minimum purchasing age at twenty-one, thirty states had their age at eighteen, two had it at nineteen, and the District of Columbia had it at twenty-one. On December 20, 2019, with the passage of fiscal year 2020 funds signed by President Donald Trump, the federal age for smokers was raised to twenty-one by changing the minimum age of purchase in the Synar Amendment of 1992.
 The U.S. Department of Defense followed suit and raised the age for buying tobacco at military bases in the United States and abroad to twenty-one.  Note: The new federal minimum age of 21 for FDA-regulated products for all tobacco and vaping products (see “Restricted Products”) was immediately promulgated on December 20, 2019. There are no exceptions to this law. Arizona retailers and executives said they were surprised by the Food and Drug Administration`s announcement that it had raised the legal age to purchase tobacco products from 18 to 21. The FDA`s voluntary smartphone app, “FDA Age Calculator,” can help retailers comply with federal, state, and local age restrictions for selling tobacco products. The “FDA age calculator” allows retailers to use their personal smartphones to determine if a customer is old enough under federal law to purchase tobacco products. Retailers using the FDA`s Age Calculator app must update the age limit to 21 through the app`s settings. Instructions can be found in the app`s help function. “Everyone needs to be recycled because. This law was not a grandfather,” he said. “We have 18-, 19- and 20-year-olds who were legal consumers yesterday and are not legal today.” He added that his office is also looking at how the new federal age to buy tobacco affects state law.
In Arizona, anyone who is at least 18 years old can purchase tobacco products. Arizona Attorney General Mark Brnovich`s office said Monday that “reducing youth access to tobacco is a priority for this administration,” but is still reviewing the new law to determine how it will affect the state. The higher legal age was included in the final version of the 2020 budget, which was passed by Congress this month and signed into law by President Donald Trump on Dec. 20. Citing CDC data from 2017, the Truth Initiative said 7.1 percent of Arizona high school students smoked at least once a month this year, 4.6 percent smoked chewing tobacco and 5.5 percent smoked cigars, all slightly below the national average. But Arizona high school students outperformed the national average for vaping, with 16.1 percent in the state using e-cigarettes, compared to 13.2 percent nationally. The language of tobacco was introduced into the budget bill by Senate Majority Leader Mitch McConnell, R-Ky., and Sen. Tim Kaine, D-Va., two senators from the Tobacco State who introduced it as a measure to reduce youth smoking and limit addiction in the long run. You must verify the photo ID of all persons under the age of 30 who attempt to purchase FDA-regulated products and verify that the customer is of legal age. This is a time requirement (even if you know the person is legal).
If you “filed” them yesterday, you must “map” them again today! Retailers looking for a quick guide on how to amend the Federal Minimum Age Act for Selling Tobacco Products can find one here. Today, @POTUS signed legislation to raise the minimum age for selling tobacco products from 18 to 21. It is now illegal for a retailer to sell tobacco products – including cigarettes, cigars and e-cigarettes – to people under the age of 21. FDA regulations apply to these tobacco products, which are defined under the Tobacco Control Act as any product manufactured from or derived from tobacco or containing nicotine from any source (e.g., synthetic nicotine) intended for human consumption. On December 20, 2019, the President signed a law amending the Federal Law on Food, Medicines and Cosmetics and raising the minimum age for the sale of tobacco products from 18 to 21.