The Tobacco to 21 Act (HR 2411 / S 1258, 116th Congress) would raise the legal age at which entities can sell tobacco products to from eighteen to 21, including a provision that age verification is required for individuals under the age of 30. The Act places the enforcement of these provisions — through actions including undercover checks, inspections, and noncompliance enforcement actions — under the prevue of the Department of Health and Human Services. A “tobacco product” is defined in this Act as carrying the definition from the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(rr)): “any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product.”
This Act is one of many proposed legislative actions to address the ongoing youth tobacco use epidemic. Specifically, both the Centers for Disease Control and Prevention and the Food and Drug Administration have noticed a marked increase in the number of youths using e-cigarette products. These data have prompted action from both the executive and legislative branches to seek solutions to reduce the rates of youth tobacco use.