A new FDA rule requires retailers to use a photo ID to verify the age of anyone under the age of 30 trying to purchase tobacco products.
The rule, which will go into effect on Sept. 30, was set out by legislation written by U.S. Sen. Tim Kaine, D-Va., and U.S. Sen. Mitch McConnell, R-Ky.
Their bipartisan Tobacco-Free Youth Act, which became law in 2019, raised the minimum age to buy all tobacco products, including e-cigarettes, from 18 to 21.
The final FDA rule requires retailers to ask for photo identification for anyone under the age of 30 and prohibits retailers from selling tobacco products via vending machines in facilities where individuals under 21 are present or permitted to enter at any time.
“I’m glad the FDA issued final guidance to implement our bipartisan legislation to raise the tobacco age to 21,” Kaine said. “I was proud to work with Sen. McConnell to get this legislation signed into law. Our bipartisan bill has already made a huge difference in keeping tobacco products away from young people, and this final rule will only further these efforts.”
In 2022 and again in 2023, Kaine and McConnell pushed the FDA to issue the issuance of a final rule pushing the mandate on retailers.
“Youth e-cigarette use was at its peak just five years ago. That’s when I introduced legislation along with Sen. Kaine to raise the minimum age to purchase tobacco products to 21. Today, the number of young people smoking e-cigarettes dropped to its lowest level in a decade,” McConnell said.
“I’m glad to see the FDA finally produce this rule that will help keep even more children from getting their hands on addictive vaping devices. While more work remains, I’m grateful to see our bipartisan legislation making a big impact,” McConnell said.
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