CENTER FOR TOBACCO PRODUCTS

Disclaimer: This information is not a formal dissemination of information by the FDA and does not represent Agency position or policy.

Disclaimer: This is not a formal dissemination of information by FDA and does not represent Agency position or policy.

TOBACCO 21:

UPDATE FOR RETAILERS
1 Tobacco 21: Update for Retailers CENTER FOR TOBACCO PRODUCTS

AGENDA

• Background on Tobacco 21

• How to comply with the FDA tobacco sale 

regulations

• Additional resources
2 Tobacco 21: Update for Retailers CENTER FOR TOBACCO PRODUCTS

RAISING THE FEDERAL MINIMUM AGE OF SALE

On December 20, 2019, the Food Drug & Cosmetic Act (FD&C Act) was amended 

to raise the minimum age of sale of tobacco products from 18 to 21 years of age. 

• It is illegal to sell tobacco products such as: cigarettes, cigarette tobacco, rollyour-own tobacco, smokeless tobacco, and covered tobacco products to anyone 

under the age of 21. 

 There are no exemptions from this requirement.

 Examples of covered tobacco products: hookah tobacco, cigars, pipe tobacco, 

e-cigarettes, and certain other electronic nicotine delivery systems (ENDS).
3 Tobacco 21: Update for Retailers CENTER FOR TOBACCO PRODUCTS

In order to comply with Federal Regulations, retailers that operate brick 

and mortar retail stores must:

• Only sell cigarettes, smokeless tobacco, and covered tobacco products to 

individuals 21 years of age or older.

• Check photo IDs of any tobacco customer under the age of 27.

• Retailers must continue to comply with all applicable requirements under the 

FD&C Act and FDA’s tobacco product regulations.

BRICK AND MORTAR RETAIL STORES: HOW TO 

COMPLY WITH FDA TOBACCO SALE REGULATIONS
4 Tobacco 21: Update for Retailers CENTER FOR TOBACCO PRODUCTS

In order to comply with Federal Regulations, online retailers must: 

• Only sell cigarettes, smokeless tobacco, and covered tobacco products to individuals 21 

years of age or older.

 To better ensure compliance with this requirement, FDA encourages online retailers to 

use adequate means of age and identity verification to prevent sales of cigarettes, 

smokeless tobacco, or covered tobacco products online to individuals under the age 

of 21 years.

 Examples of age verification may include use of an independent age and identity 

verification service that compares customer information against independent, 

competent and reliable data sources, such as public records, to prevent the sale to 

individuals who are under 21 years.

• Retailers must continue to comply with all applicable requirements under the FD&C Act 

and FDA’s tobacco product regulations, including ensuring tobacco products are only sold 

to individuals 21 years of age and older.

ONLINE RETAILERS: HOW TO COMPLY 

WITH FDA TOBACCO SALE REGULATIONS
5 Tobacco 21: Update for Retailers CENTER FOR TOBACCO PRODUCTS

Failure to comply with these laws and regulations may result in one or more 

of the following:

• Warning Letter

• Civil Money Penalty

• No-Tobacco-Sale Order

ENFORCEMENT: FEDERAL MINIMUM AGE 

FOR THE SALE OF TOBACCO PRODUCTS
6 Tobacco 21: Update for Retailers CENTER FOR TOBACCO PRODUCTS

• FDA Tobacco 21 website: 

https://www.fda.gov/tobacco-products/retail-sales-tobacco-products/tobacco-21

• Additional information for retailers, including other tobacco compliance webinars 

and FDA Age Calculator, can be found at: 

https://www.fda.gov/tobacco-products/compliance-enforcement-training/retailsales-tobacco-products

• CTP’s This is Our Watch materials can be downloaded or ordered at: 

https://www.fda.gov/tobacco-products/retail-sales-tobacco-products/our-watch

FDA RESOURCES FOR RETAILERS
7 Tobacco 21: Update for Retailers CENTER FOR TOBACCO PRODUCTS

• Register to receive e-mail updates from CTP: 

https://www.fda.gov/tobacco-products/ctp-newsroom

• Please direct additional questions to: 

AskCTP@fda.hhs.gov or 1-877-287-1373

• CTP’s Office of Small Business Assistance may be reached at: 

SmallBiz.Tobacco@fda.hhs.gov

FDA POINTS OF CONTACT