CHARLESTON, W.Va. — A lot of questions remain unanswered about the implementation of a federal law change raising the age for legal sales of tobacco, e-cigarette and vaping products from 18 to 21.
Amid the uncertainty, Traci Nelson, president of the West Virginia Oil Marketers and Grocers Association, said she was advising OMEGA members to comply.
As more information becomes available, “We will continue to educate our members about this issue,” Nelson said.
On Dec. 20, 2019, President Donald Trump signed legislation to amend the Federal Food, Drug and Cosmetic Act by raising the federal minimum age of sale of tobacco products from 18 to 21.
The change was part of a sweeping $1.4 trillion spending bill to keep the U.S. government funded through the current fiscal year.
The legislation gave the FDA 180 days to write regulations to implement the new age restriction with the regulations slated to go into effect no more than 90 days after implementation.
Guidance from the Food and Drug Administration, though, indicated the change was taking effect immediately.
“It is now illegal for a retailer to sell any tobacco product — including cigarettes, cigars and e-cigarettes — to anyone under 21,” a posting on the FDA website indicated.
The FDA regulates all tobacco products, including e-cigarettes.
It continued: “FDA will provide additional details on this issue as they become available.”
Nelson said retailer representatives were “a bit surprised.”
Penalties for violations were not immediately clear.
“It places the responsibility on the retailer who sells,” noted Matt Myers, president of the Campaign for Tobacco-Free Kids. “It doesn’t criminalize or make a wrongdoing for a young person who buys.”
Myers characterized the age sale increase as “important step.”
“It will reduce youth tobacco use, particularly among 15 to 17-year-olds who often get their cigarettes and e-cigarettes from friends and so it’s an important step forward, but we have bigger problems,” he said, citing a “youth e-cigarette epidemic.”
“We have more kids who are addicted to nicotine today than at any time in the last 20 years and it’s entirely because the e-cigarette industry has been marketing highly-flavored, highly-addictive products to our kids for the last four or five years and it’s worked.”
Additional steps were needed, he said.
His recommendations for West Virginia included raising taxes on tobacco products, investing more in cessation programs and banning sales of flavored e-cigarettes that are popular among the youngest users.
Earlier this week, President Trump indicated a federal ban on certain flavored vaping and e-cigarette products, like those with mint or fruit flavors, could be announced as soon as next week.
Prior to his Dec. 20 signing, nearly 20 states had already taken steps to limit sales of tobacco, e-cigarette and vaping products to young people.
Hundreds of cities had similar regulations.
With the federal age hike, “You’ll see a modest change, I suspect, if the law is rigorously enforced and serious efforts are made to ensure that retailers who sell are held accountable,” Myers predicted.