Tobacco 21

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Tobacco 21 is a campaign to prevent youth tobacco use in the United States, primarily through laws that raise the minimum legal age to purchase tobacco and nicotine in the United States to 21. [1] [2] It also refers to various federal, state, and local laws based on Tobacco 21's model policy, raising the minimum sales age to 21. [3] [4]

Contents

History

Tobacco 21 is produced and funded by the Preventing Tobacco Addiction Foundation, a public health nonprofit organization established in 1996. [5] Several national non-profit organizations, including the American Cancer Society in Oregon, [6] had supported raising the tobacco age.

The Tobacco 21 movement emerged in February 2003 when Needham, Massachusetts became the first municipality to enact a law raising the minimum legal sales age to 21. [7]

On December 20, 2019, President Donald Trump signed the 2020 United States federal budget which raised the federal smoking age to 21. [8]

Rationale

Studies show that around 95% of adult smokers tried cigarettes before turning 21, while 80% of them had their first cigarette before their 18th birthday. [9] Adult smokers may supply tobacco products to younger consumers.[ citation needed ] Tobacco 21 law supporters believe that teenagers have fewer acquaintances aged 21 who could purchase nicotine delivery products for them.

The chosen age limit also has a precedent in the alcohol industry. The U.S.-wide legal age of 21 for the purchase of alcohol products is credited for reduced consumption among young people, as well as decreased alcohol addiction and drunk driving cases, but this claim is widely disputed and further research suggests raising the age had no effect on underage access and drunk driving rates. [10] [11] [12] [13]

Scientific aspect

The major scientific publication in support of Tobacco 21 is the Institute of Medicine's report "Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products", [14] which concluded by saying: "if the MLA were raised now to 21 nationwide, there would be approximately 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for those born between 2000 and 2019."

An editorial in the New England Journal of Medicine called Tobacco 21 "An idea whose time has come". [15]

There is mixed scientific evidence on the impact a tobacco-purchase age limit of 21. Older studies, including a review in 2011, provided evidence against the idea that raising the drinking age to 21 has actually saved lives in the long run. [16] [17] [18] [13] In one study, Miron and Tetelbaum (2009) discovered that when the federally coerced and non-coerced states were separated out, any lifesaving effect is no longer statistically or practically significant in the coerced states, and even in the voluntary-adopting states the effect does not seem to last beyond perhaps the first year or two. And while a 2023 study that controlled for state-level differences found that the passage of Tobacco 21 laws is associated with a 2-to-4 percentage-point decline in smoking participation among 18-to-20-year-olds and a spillover effect of a reduction in smoking among youth aged 16-17, [19] a 2024 study found a much weaker effect size (less than one percentage point decline in smoking, vaping, and smokeless tobacco use) for the federal Tobacco 21 law, and no significant effect for state-level Tobacco 21 laws among young adults. [20]

Endorsements

The following organizations have endorsed Tobacco 21 at the national level, either through their own statements or through endorsement of Senate Bill 2100, the federal bill to raise the tobacco age to 21:

United States

State and national movement

Hawaii

Hawaii’s Tobacco 21 bill was signed by Governor David Ige and raised the legal age to purchase tobacco products, including electronic smoking devices, to 21, beginning on January 1, 2016. [36]

The legislation of this bill arose after the Institute of Medicine released a report explaining that raising the age to 21 would have significant public health benefits. The report estimated that making the minimum age 21 would result in avoiding nearly 250,000 premature deaths and 50,000 fewer deaths from lung cancer among individuals born between 2000 and 2019.

Under the bill, anyone caught breaking the law faces a $10 fine for the first offense and a $50 fine or community service for a second offense. Retailers caught selling to individuals under the age of 21 pay penalties ranging from $500 to $2,000.

A press release on the governor’s website explained the decision by referencing that in the United States, 95 percent of adults smokers begin smoking before the age of 21. Almost half of those become regular smokers before the age of 18 and another 25% become regular smokers between the ages of 18 and 21. [37]

California

California became the second state to implement a statewide Tobacco 21 law. Governor Jerry Brown signed a group of bills on May 4, 2016. [38] The bills were described as the “most expansive” attempt to regulate tobacco use within the state of California in over a decade. The bills were supported by various organizations and medical groups including the American Heart Association, American Cancer Society, American Lung Association, and California Medical Association. The bill was approved in a special health care session and became effective on June 9, 2016.

Washington, D.C.

On October 1, 2018, Washington, D.C., raised the legal age of buying tobacco to 21. [39] This was paired with raising the tax on cigarettes by 68% – to $4.94.

Alaska

As of 2023, Alaska does not enforce the federal Tobacco 21 policy. State law mandates a minimum age of 19 for the sale of nicotine and tobacco products. [40]

Bipartisan efforts have been made to raise the state smoking age. On September 8, 2022, Governor Mike Dunleavy vetoed SB 45, [41] [42] which proposed increasing the smoking age from 19 to 21, as well as levying a 35% wholesale price tax on electronic smoking devices. [43] On March 1, 2023, Senate President Gary Stevens introduced SB 89, which would raise the smoking age to 21 and tax electronic smoking devices at 25% of their retail price. [44]

National minimum age increase

On December 20, 2019, as a part of the Further Consolidated Appropriations Act, 2020, the Federal Food, Drug, and Cosmetic Act was amended, raising the federal minimum age for sale of tobacco products in the US from 18 to 21. This legislation (known as “Tobacco 21” or “T21”) was effective immediately, and it is now illegal for a retailer to sell any tobacco product—including cigarettes, cigars, and e-cigarettes—to anyone under 21 across the United States. The new federal minimum age of sale applies to all retail establishments and persons with no exceptions. [8] Some commentators[ who? ] have condemned the act for its questionable legality, considering it unconstitutional in violating a state's right to choose its own laws regarding setting an age for certain legal capacities, such as the ability to purchase tobacco. [45] In August 2024, the U.S. Food and Drug Administration announced a final rule that raises the minimum age for certain restrictions on tobacco product sales. [46]

Local movements

Needham

In 2005, Needham, Massachusetts became the first jurisdiction worldwide to pass and enact a Tobacco 21 policy. [47]

New York City

In November 2013, New York City enacted legislation that raised the age to purchase tobacco products to 21, and also set a minimum price of $10.50 per pack of cigarettes, among other provisions. [48] The law went into effect on May 18, 2014. The bill came with significant penalties for those who do not comply with the law. Failure to post required signage can result in fines of up to $500. Sales of cigarettes, other tobacco products or electronic cigarettes to people under age 21 can result in New York City fines of up to $1,000 for the first violation and any other violation found that same day, and up to $2,000 for the second violation and any subsequent violation within three years. A second violation may result in revocation of the cigarette retail dealer license. New York State may impose additional fines and penalties for sales of these products to people under age 18.

Boston

In December 2015, Boston followed New York City by passing an ordinance to raise the tobacco sales age to 21. [49] Boston's Tobacco 21 law went into effect on February 15, 2016.

Chicago

In March 2016, Chicago passed its Tobacco 21 ordinance. [50] The law went into effect on July 1, 2016. [51]

Kansas City

Kansas City approved its Tobacco 21 bill on November 19, 2015 and quickly put it into effect a week later on November 26. [52]

Springfield, Missouri

Springfield, Missouri approved the local Tobacco 21 bill on July 15, 2019, which went into effect the next day. [53]

Cleveland

In December 2015, Cleveland passed a local ordinance to ban the sale of tobacco and nicotine products to any persons under the age of 21. The law went into effect on April 14, 2016. [54]

San Francisco

In March 2016, San Francisco joined the ranks of major American cities to pass an ordinance to raise the tobacco and nicotine sales age to 21. [55] The ordinance went into effect on June 1, 2016. Eight days later, California's Tobacco 21 bill went into effect statewide.[ citation needed ]

International movements

Australia

In Australia, the Minderoo Foundation runs Tobacco21.com.au and advocates for the smoking age in Australia to be raised to 21. [56] The Australian state of Tasmania has considered raising its smoking age from 18 to 21 but has faced some opposition from the Tasmanian Liberal government. [57] [58]

Canada

A similar organization, named Tobacco21.ca, [59] has advocated increasing the smoking age in Canada to 21. [60] On March 1, 2020, Prince Edward Island became the first Canadian province to raise its smoking age from 19 to 21. [61]

United Kingdom

Sajid Javid, the former UK Secretary of State for Health and Social Care, advocated for raising smoking age in the United Kingdom to 21. [62] It has been heavily criticized by some commentators. [63]

Criticism

Some have called into question the usefulness of raising the smoking age to 21, [64] pointing to studies showing the ineffectiveness of raising the drinking age to 21 in the long-term for the United States, as it only had a minor effect on teen drinking. [65] [66] [67] [13] Some suggest that the age restriction laws are merely a way to placate critics of "Big Tobacco", in that setting a higher age limit would appease people looking for bigger solutions. [68]

Related Research Articles

<span class="mw-page-title-main">Cigarette</span> Small roll of tobacco made to be smoked

A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into thin paper for smoking. The cigarette is ignited at one end, causing it to smolder; the resulting smoke is orally inhaled via the opposite end. Cigarette smoking is the most common method of tobacco consumption. The term cigarette, as commonly used, refers to a tobacco cigarette, but the word is sometimes used to refer to other substances, such as a cannabis cigarette or a herbal cigarette. A cigarette is distinguished from a cigar by its usually smaller size, use of processed leaf, different smoking method, and paper wrapping, which is typically white.

<span class="mw-page-title-main">Tobacco smoking</span> Practice of burning tobacco and breathing the resulting smoke

Tobacco smoking is the practice of burning tobacco and ingesting the resulting smoke. The smoke may be inhaled, as is done with cigarettes, or simply released from the mouth, as is generally done with pipes and cigars. The practice is believed to have begun as early as 5000–3000 BC in Mesoamerica and South America. Tobacco was introduced to Eurasia in the late 17th century by European colonists, where it followed common trade routes. The practice encountered criticism from its first import into the Western world onwards but embedded itself in certain strata of a number of societies before becoming widespread upon the introduction of automated cigarette-rolling apparatus.

<span class="mw-page-title-main">Smoking ban</span> Law prohibiting tobacco smoking in a given space

Smoking bans, or smoke-free laws, are public policies, including criminal laws and occupational safety and health regulations, that prohibit tobacco smoking in certain spaces. The spaces most commonly affected by smoking bans are indoor workplaces and buildings open to the public such as restaurants, bars, office buildings, schools, retail stores, hospitals, libraries, transport facilities, and government buildings, in addition to public transport vehicles such as aircraft, buses, watercraft, and trains. However, laws may also prohibit smoking in outdoor areas such as parks, beaches, pedestrian plazas, college and hospital campuses, and within a certain distance from the entrance to a building, and in some cases, private vehicles and multi-unit residences.

<span class="mw-page-title-main">Nicotine replacement therapy</span> Treatment for tobacco use disorder

Nicotine replacement therapy (NRT) is a medically approved way to treat people with tobacco use disorder by taking nicotine through means other than tobacco. It is used to help with quitting smoking or stopping chewing tobacco. It increases the chance of quitting tobacco smoking by about 55%. Often it is used along with other behavioral techniques. NRT has also been used to treat ulcerative colitis. Types of NRT include the adhesive patch, chewing gum, lozenges, nose spray, and inhaler. The use of multiple types of NRT at a time may increase effectiveness.

<span class="mw-page-title-main">Nicotine marketing</span> Marketing technique

Nicotine marketing is the marketing of nicotine-containing products or use. Traditionally, the tobacco industry markets cigarette smoking, but it is increasingly marketing other products, such as electronic cigarettes and heated tobacco products. Products are marketed through social media, stealth marketing, mass media, and sponsorship. Expenditures on nicotine marketing are in the tens of billions a year; in the US alone, spending was over US$1 million per hour in 2016; in 2003, per-capita marketing spending was $290 per adult smoker, or $45 per inhabitant. Nicotine marketing is increasingly regulated; some forms of nicotine advertising are banned in many countries. The World Health Organization recommends a complete tobacco advertising ban.

<span class="mw-page-title-main">Menthol cigarette</span> Cigarette flavored with the compound menthol

A menthol cigarette is a cigarette infused with the compound menthol which imparts a “minty” flavor to the smoke. Menthol also decreases irritant sensations from nicotine by desensitizing receptors, making smoking feel less harsh compared to regular cigarettes. Some studies have suggested that they are more addictive. Menthol cigarettes are just as hard to quit and are just as harmful as regular cigarettes.

Tobacco harm reduction (THR) is a public health strategy to lower the health risks to individuals and wider society associated with using tobacco products. It is an example of the concept of harm reduction, a strategy for dealing with the use of drugs. Tobacco smoking is widely acknowledged as a leading cause of illness and death, and reducing smoking is vital to public health.

<span class="mw-page-title-main">Electronic cigarette</span> Device that vaporizes a liquid nicotine solution for inhalation

An electronic cigarette (e-cigarette), or vape, is a device that simulates tobacco smoking. It consists of an atomizer, a power source such as a battery, and a container such as a cartridge or tank. Instead of smoke, the user inhales vapor. As such, using an e-cigarette is often called "vaping". The atomizer is a heating element that vaporizes a liquid solution called e-liquid, which quickly cools into an aerosol of tiny droplets, vapor and air. The vapor mainly comprises propylene glycol and/or glycerin, usually with nicotine and flavoring. Its exact composition varies, and depends on several things including user behavior.

The Tobacco Products Control Act was introduced in South Africa in 1993, where smoking has been rated the second highest health concern, after HIV/AIDS.

<span class="mw-page-title-main">Cigarette taxes in the United States</span> Taxes imposed on sale of cigarettes in the U.S.

In the United States, cigarettes are taxed at both the federal and state levels, in addition to any state and local sales taxes and local cigarette-specific taxes. Cigarette taxation has appeared throughout American history and is still a contested issue today.

<span class="mw-page-title-main">Tobacco control</span> Field of health science

Tobacco control is a field of international public health science, policy and practice dedicated to addressing tobacco use and thereby reducing the morbidity and mortality it causes. Since most cigarettes and cigars and hookahs contain/use tobacco, tobacco control also concerns these. E-cigarettes do not contain tobacco itself, but (often) do contain nicotine. Tobacco control is a priority area for the World Health Organization (WHO), through the Framework Convention on Tobacco Control. References to a tobacco control movement may have either positive or negative connotations, depending upon the commentator.

<span class="mw-page-title-main">Family Smoking Prevention and Tobacco Control Act</span>

The Family Smoking Prevention and Tobacco Control Act, is a federal statute in the United States that was signed into law by President Barack Obama on June 22, 2009. The Act gives the Food and Drug Administration the power to regulate the tobacco industry. A signature element of the law imposes new warnings and labels on tobacco packaging and their advertisements, with the goal of discouraging minors and young adults from smoking. The Act also bans flavored cigarettes, places limits on the advertising of tobacco products to minors and requires tobacco companies to seek FDA approval for new tobacco products.

<span class="mw-page-title-main">Plain tobacco packaging</span> Legally mandated packaging of tobacco products without any brand imagery

Plain tobacco packaging, also known as generic, neutral, standardised or homogeneous packaging, is packaging of tobacco products, typically cigarettes, without any branding, including only the brand name in a mandated size, font and place on the pack, in addition to the health warnings and any other legally mandated information such as toxic constituents and tax-paid stamps. The appearance of all tobacco packs is standardised, including the colour of the pack.

<span class="mw-page-title-main">Regulation of electronic cigarettes</span>

Regulation of electronic cigarettes varies across countries and states, ranging from no regulation to banning them entirely. As of 2015, around two thirds of major nations have regulated e-cigarettes in some way. A 2023 report by the World Health Organization (WHO) found that 34 countries had banned the sale of e-cigarettes.

The scientific community in the United States and Europe are primarily concerned with the possible effect of electronic cigarette use on public health. There is concern among public health experts that e-cigarettes could renormalize smoking, weaken measures to control tobacco, and serve as a gateway for smoking among youth. The public health community is divided over whether to support e-cigarettes, because their safety and efficacy for quitting smoking is unclear. Many in the public health community acknowledge the potential for their quitting smoking and decreasing harm benefits, but there remains a concern over their long-term safety and potential for a new era of users to get addicted to nicotine and then tobacco. There is concern among tobacco control academics and advocates that prevalent universal vaping "will bring its own distinct but as yet unknown health risks in the same way tobacco smoking did, as a result of chronic exposure", among other things.

<span class="mw-page-title-main">Vape shop</span> Shop selling vaping products

A vape shop is a retail outlet specializing in the selling of vaping products, though shops selling derived psychoactive cannabis products have increased in the United States since the passage of the 2018 Farm Bill. There are also online vape shops. A vape shop offers a range of vaping products. The majority of vape shops do not sell vaping products that are from "Big Tobacco" companies. In 2013, online search engine searches on vape shops surpassed searches on e-cigarettes. Around a third of all sales of vaping products in one US state took place in vape shops. Big Tobacco believes the independent vape market is a threat to their interests.

<span class="mw-page-title-main">Smoking in North Korea</span>

Tobacco smoking is popular in North Korea and culturally acceptable among men, but not for women. As of 2019, some 43.6% of men are reported to smoke daily, whilst in contrast only 4.5% of women smoke daily, with most of these being older women from rural areas. Smoking is a leading cause of death in North Korea, and as of 2021 mortality figures indicate that 14.2% of North Koreans die due to smoking-related causes, which is the 6th highest rate after China, Greenland, Kiribati, Denmark and Micronesia. There are tobacco control programs in North Korea, and although smoking was not prohibited in all public spaces, the smoking rates have declined since their peak in the 2000s.

Electronic cigarettes are marketed to smoking and non-smoking men, women, and children as being safer than cigarettes. In the 2010s, large tobacco businesses accelerated their marketing spending on vape products, similar to the strategies traditional cigarette companies used in the 1950s and 1960s.

<span class="mw-page-title-main">U.S. history of tobacco minimum purchase age by state</span>

The minimum purchasing age for tobacco in the United States before December 20, 2019 varied by state and territory. Since December 20, 2019, the smoking age in all states and territories is 21 under federal law which was passed by Congress and signed by President Donald Trump. The de jure minimum age remains 18 in some states, e.g. the federal law is not enforced in Arizona, and in Alaska, the minimum age is 19; in 2022, the governor vetoed a senate law to raise it to 21.

References

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  2. ↑ "Tobacco 21 Fact Sheet". Tobacco 21. Retrieved 2024-06-16.
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  6. ↑ MyCentralOregon.com (March 18, 2016). "American Cancer Society Wants Oregon to Raise Tobacco Age". MyCentralOregon.com. Retrieved June 1, 2016.
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  35. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 "Senators Schatz, Durbin, Brown, Colleagues Introduce Legislation to Raise Smoking Age to 21: Raising Smoking Age to 21 Would Lead to 4.2 Million Fewer Years of Life Lost". Brian Schatz. 30 September 2015. Retrieved 16 June 2016.
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  63. ↑ "When is a smoker an adult? Why we shouldn't raise the legal smoking age to 21". 30 March 2016.
  64. ↑ Grant, Darren (2011), "EVIDENCE AND EVALUATION: THE NATIONAL MINIMUM DRINKING AGE ACT OF 1984" (PDF), Sam Houston State University
  65. ↑ Males, Mike (2008). "Should California Reconsider Its Legal Drinking Age?" (PDF). Californian Journal of Health Promotion. 6 (2): 1–11. doi: 10.32398/cjhp.v6i2.1304 .
  66. ↑ Miron, J; Tetelbaum, E (2009). "Does the Minimum Legal Drinking Age Save Lives?". Economic Inquiry. 47 (2): 317–336. doi:10.1111/j.1465-7295.2008.00179.x. S2CID   1048320.
  67. ↑ "Why Tobacco Industry Giants Backed Raising The Minimum Age Of Purchase". NPR . Archived from the original on 2023-04-18.
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