Should the Federal Government Raise the Age to Buy Tobacco to 21? (S. 2100)

What is S. 2100?

(Updated February 10, 2020)

This bill would prohibit the sale or distribution of tobacco products to individuals under the age of 21 under federal law. The Dept. of Health and Human Services (HHS) would be responsible for enforcement through compliance checks and inspections, in addition to establishing requirements for ensuring that individuals under age 21 can’t buy tobacco. States would still be allowed to impose their own age requirements for tobacco as long as they’re at least as restrictive as the federal standard.

Argument in favor

Smoking kills, and raising the minimum age to buy tobacco from 18 to 21 would save lives and keep more young people healthy. States and cities are already starting to raise the age threshold, it’s time the federal government showed leadership on this important issue.

Argument opposed

It would be absurd to change the law so that a person who’s old enough to vote or serve their country in the military can’t buy cigarettes. Raising the tobacco age will only increase the size of the black market for tobacco, as those adults who become underage will find other ways to buy.

Impact

People between 18 and 21 who’d otherwise legally purchase tobacco products; retailers; regulators; and tobacco companies.

Cost of S. 2100

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Brian Schatz (D-HI) introduced this bill to prohibit the sale of tobacco to people under age 21, instead of 18:

“Research shows that raising the minimum smoking age to 21 would save lives. In 2015, Hawai’i became the first state to raise the age limit, and since then, four other states have joined us. This bill would bring all 50 states together, so we can protect our young people from this addiction, and save lives in the process.”

Original cosponsor Sen. Dick Durbin (D-IL) added:

“With Big Tobacco constantly targeting our youth through new and flavored products, it’s no surprise that nearly all tobacco users began their addiction as kids or young adults. Across Illinois and the country, cities and states are fighting back with common-sense policies to shield kids from a lifetime of addiction. By raising the federal tobacco age of sale to 21, we can help prevent a new generation from tobacco-related disease, health care costs, and death.”

This legislation has the support of 11 cosponsors in the Senate, all of whom are Democrats.

Of Note: In August 2017, Oregon became the fifth state to raise the tobacco age of sale to 21 — joining California, Hawaii, Maine, and New Jersey.

Media:

• Cosponsoring Sen. Dick Durbin (D-IL) Press Release
  
• Maui Now
  
• American Heart Association (In Favor)
  
• American Academy of Family Physicians (In Favor)