It is now illegal for retailers to sell tobacco products to anyone under the age of 21, according to the U.S. Food and Drug Administration.
The law, signed Dec. 20 by President Donald Trump is part of a $1.4 trillion spending package that among other things, raises the legal age to purchase tobacco from 18 to 21. This applies to cigarettes, cigars, e-cigarettes and all other forms of tobacco. News of the change was largely overshadowed by end-of-the-year impeachment and the North American trade deal.
Originally it was thought retailers would have until summer 2020 to comply with the law, but the U.S. Food and Drug Administration website states that it’s effective immediately.
“The last I heard, it would be September (2020) when it would take effect,” said Juicy’s Vapor Lounge owner Travis Kirby.
He says customers between the ages of 18 and 21 account for nearly 26 percent of his clientele. Vaping among teenagers is also on the rise, and it’s a major reason why school districts in Kansas, including USD 383 Manhattan/Ogden have joined a lawsuit against e-cigarette giant Juul, Inc.
Retailers have also slowly been implementing their own policies since last summer. Walmart began barring sales to anyone under 21 in July. Walgreen’s began barring sales to those under 21 in September.
Kirby says the federal government is right to get tougher on e-cigarette companies like Juul, but says they should be focusing on limiting the amount of nicotine salt e-juice contained in e-cigarettes, which can be as high as 50 percent.
“What the federal government needs to do is look to the laws the state of Utah has implemented. They only allow 20 milligrams of nicotine in an e-liquid juice. If you take the buzz away from it, you’re going to take away the desire of the kids trying to get their hands on it,” he said.
According to the Riley County Health Department, the FDA hasn’t clarified specifics regarding the immediate law change.
A spokesman for the Kansas Department of Revenue, which regulates tobacco sales in Kansas, tells KMAN it did not notify retailers due to some uncertainties with the FDA’s specifications under the new federal law as it awaited more clarity. The department is advising retailers to follow the federal guidelines and contact the FDA with any questions.
Additional information regarding the law change is expected in the near future.
