On Dec. 20, 2019, the President signed legislation amending the Federal Food, Drug, and Cosmetic Act, and raising the federal minimum age for sale of tobacco products from 18 to 21 years. This legislation (known as “Tobacco 21” or “T21”) became effective immediately, and since then it has been illegal for a retailer to sell any tobacco product, including e-cigarettes, to anyone under 21. The federal minimum age of sale applies to all retail establishments and persons with no exceptions. Additionally, the law directed FDA to issue a final rule to amend regulations to increase the age of certain requirements for tobacco product sales. 

In August 2024, FDA issued the final rule “Prohibition of Sale of Tobacco Products to Persons Younger than 21 Years of Age.” As outlined in the final rule, beginning Sept. 30, 2024, retailers must use a photo ID to verify the age of anyone under the age of 30 trying to purchase cigarettes, smokeless tobacco and covered tobacco products. Additionally, retailers may not sell cigarettes, smokeless tobacco and covered tobacco products with the assistance of a vending machine in facilities where individuals under 21 are present or are permitted to enter at any time.