FDA says tobacco age now 21

PIERRE (SD) – The U.S. Food & Drug Administration says that the federal minimum age of sale for tobacco products is now 21 years of age, effective immediately.

Last week President Trump signed legislation that raised the federal minimum age for purchase of tobacco products from 18 to 21.  Although provisions in the law allow for a rulemaking period, a statement on the FDA website declares the law in immediate effect.

Here is the full statement:

“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.”

Although South Dakota state law has not been updated to align with the federal law, retailers should heed FDA guidance.


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