Oct 14, 2020 3:11 PM

Selling Tobacco Products To Anyone Under 21 Is Now Illegal

Posted Oct 14, 2020 3:11 PM

As far as he knows, Smoking Joe’s manager Rick Janes can continue selling tobacco and vape products to 18-to-21-year-olds for the next few weeks.

That is what the U.S House of Representatives website indicates, and that’s what Janes said Friday morning during a phone interview with the Beacon.

The Federal and Drug Administration’s website is a little less clear on the matter, implying the new federal law is active right now. Last Friday (Dec. 20), President Donald Trump signed a federal spending bill that prohibits the sale of tobacco and vape products to those 21-years-old and younger.

National news outlets began reporting the confusingly timed enforcement news this morning (Friday, Dec. 27), offering no context beyond the initial announcement.

In Iowa, the legal smoking age had been 18, though 20 states had already raised the legal age to 21.

Janes said the news would be pretty easy to miss if you don’t closely follow such legislation. News of the bill restricting the sales is a week old, but there had been no word of enforcement.

National news outlets such as The New York Post seemed caught off-guard by the confusing announcement, considering the FDA had six months to put the law into effect and another 90 days to start enforcing it. The Post story repeats the Dec. 27 announcement but offers no additional information.

The FDA itself admitted that its policies are being clarified in the announcement, which reads as follows.

“On December 20, 2019, the President signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years. It is now illegal for a retailer to sell any tobacco product, including cigarettes, cigars, and e-cigarettes, to anyone under 21. FDA will provide additional details on this issue as they become available.”