About Tobacco 21
Tobacco 21: Raising the Minimum Legal Age for Tobacco and Nicotine Sales in the United States
Tobacco 21 is a national campaign that aims to raise the minimum legal age for tobacco and nicotine sales in the United States to 21. The campaign is produced and funded by the Preventing Tobacco Addiction Foundation, a public health nonprofit organization established in 1996.
The goal of Tobacco 21 is to reduce youth access to tobacco products, which are known to cause serious health problems such as cancer, heart disease, and respiratory illnesses. According to the Centers for Disease Control and Prevention (CDC), smoking causes more than 480,000 deaths each year in the United States alone.
Tobacco use among young people has been a major public health concern for decades. Despite efforts by government agencies, healthcare providers, educators, parents, and others to prevent youth smoking initiation and promote cessation among those who already smoke or use other tobacco products (such as e-cigarettes), millions of young Americans continue to be exposed to these harmful substances.
One way that states can help address this problem is by raising their minimum legal age for tobacco sales from 18 (or lower) to 21. This approach has gained momentum in recent years due in part to growing evidence that it can be effective at reducing youth smoking rates.
As of August 2021, at least twenty-eight states have enacted laws raising their minimum legal age for tobacco sales (including e-cigarettes) from 18 or lower up to age twenty-one: Arkansas; California; Connecticut; Delaware; Hawaii; Illinois; Kansas; Kentucky; Maine; Maryland; Massachusetts; Minnesota; Mississippi* ; Montana* ; New Jersey* ; New Mexico* ; New York* ; Ohio* ; Oregon* ; Pennsylvania* , Rhode Island*, Texas*, Utah*, Vermont*, Virginia*, Washington State*, West Virginia*, Wisconsin*. (* indicates state law includes penalties against minors attempting purchase)
In addition, several cities and counties across the country have also passed Tobacco 21 laws, including New York City; Chicago; San Francisco; Boston; Cleveland; Kansas City, Missouri; and St. Louis County, Missouri.
The Tobacco 21 campaign provides resources and support to advocates who want to promote this policy change in their communities. These resources include model legislation, fact sheets, talking points, sample op-eds and letters to the editor, social media graphics and posts, videos featuring youth advocates and public health experts discussing the benefits of Tobacco 21 laws.
The campaign also works with national partners such as the American Heart Association (AHA), American Lung Association (ALA), Campaign for Tobacco-Free Kids (CTFK), Truth Initiative (TI), National Association of County and City Health Officials (NACCHO) , National League of Cities(NLC) , National Conference of State Legislatures(NCSL) , Prevent Cancer Foundation(PCF) , Society for Public Health Education(SOPHE) , United States Conference of Mayors(USCM).
Tobacco 21 has received support from a wide range of organizations across the political spectrum. For example:
- The AHA has called raising the minimum legal age for tobacco sales "the most promising strategy" for reducing youth smoking rates.
- The ALA has stated that "Tobacco 21 is a critical component" of its efforts to eliminate tobacco use.
- The CTFK has described Tobacco 21 as "a common-sense policy that will save lives."
- The TI has said that "raising the minimum age for tobacco sales is one important step we can take to protect young people from addiction."
- The NACCHO supports Tobacco 21 because it believes that local public health officials are uniquely positioned to lead efforts to reduce youth access to tobacco products.
- The NLC supports Tobacco 21 because it recognizes that local governments play a key role in protecting the health and well-being of their communities.
- The NCSL has noted that "Tobacco 21 is a popular policy among state legislators" and that it can help reduce healthcare costs associated with tobacco use.
- The PCF supports Tobacco 21 because it believes that preventing cancer requires reducing exposure to tobacco products, which are responsible for about one-third of all cancer deaths in the United States.
- The SOPHE supports Tobacco 21 because it recognizes that public health education and advocacy are essential components of efforts to reduce youth smoking rates.
- The USCM has passed a resolution supporting Tobacco 21 and encouraging its members to promote this policy change in their cities.
Despite these endorsements, some opponents of Tobacco 21 argue that raising the minimum legal age for tobacco sales would be ineffective, unfair, or unconstitutional. For example:
- Some opponents claim that young people will still be able to obtain tobacco products through other means (such as social sources or online sales) even if they cannot legally purchase them. However, research suggests that raising the minimum legal age for tobacco sales can reduce youth smoking rates by making it harder for young people to obtain these products from retailers who comply with the law.
- Some opponents argue that raising the minimum legal age for tobacco sales would unfairly restrict adult consumers' freedom of choice. However, proponents counter that this policy change would not prevent adults over age twenty-one from using or purchasing tobacco products; rather, it would simply make it harder for young people under age twenty-one to start using these products before they fully understand their risks and consequences.
- Some opponents contend that raising the minimum legal age for tobacco sales would violate retailers' constitutional rights by depriving them of property without due process or equal protection under law. However, courts have generally upheld similar laws (such as those regulating alcohol sales) as valid exercises of states' police powers to protect public health.
In conclusion, Tobacco 21 is a national campaign that seeks to raise the minimum legal age for tobacco and nicotine sales in the United States to 21. This policy change has been enacted by at least twenty-eight states and numerous cities and counties across the country, with support from a wide range of public health organizations, advocacy groups, and elected officials. While some opponents of Tobacco 21 have raised concerns about its effectiveness or constitutionality, proponents argue that it is a common-sense strategy for reducing youth access to tobacco products and protecting public health.
tobacco21.org