STEPP Announcement: FDA Raises Tobacco Sales Age from 18 to 21

Many grantees have asked questions related to guidance for tobacco retailers in Colorado. We understand that this can be difficult to navigate: the purpose of this message is to share the information that is currently available. According to a recent FDA announcement: 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. The law does not include an exemption to purchase tobacco products for those persons who were 18, 19 or 20-years-old as of December 20, 2019, or for active U.S. military personnel under 21 years of age. The Colorado Department of Revenue is sending the following guidance to their list of retailers today, December 31, 2019: In order to comply with the new federal law, Colorado tobacco retailers need to immediately cease selling any kind of tobacco product (i.e., cigarettes, cigars, smokeless tobacco, pipe tobacco, electronic cigarettes, e-liquids, nicotine vapor products, hookah tobacco, etc.) to anyone who is under the age of 21. Moreover, retailers will be required, under forthcoming federal regulation, to request government-issued photo identification for customers under the age of 30 in order to verify that they are of legal age to purchase tobacco products. The FDA will provide additional details on this as they become available at the FDA website. The Colorado Liquor Enforcement Division is currently working on new signage that will read: “EFFECTIVE DECEMBER 20, 2019, THE FEDERAL MINIMUM AGE FOR SALE OF TOBACCO PRODUCTS CHANGED FROM 18 TO 21 YEARS. IT IS NOW ILLEGAL, UNDER FEDERAL LAW, FOR A RETAILER TO SELL ANY TOBACCO PRODUCT –INCLUDING CIGARETTES, CIGARS, AND E-CIGARETTES – TO ANYONE UNDER 21.” As soon as LED can complete the task of updating the signage DOR will post this information on our website. Until the new signs are available, Colorado State statute continues to require the posting of warning signs with the language in section 44-7-103(3), C.R.S., stating “WARNING – IT IS ILLEGAL FOR ANY PERSON UNDER EIGHTEEN YEARS OF AGE TO PURCHASE CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE PRODUCTS, AND UPON CONVICTION, A $100.00 FINE MAY BE IMPOSED.” In the interim, retailers should feel free to post their own signs with the language above if helpful to them in their messaging to customers. If you have any further questions please contact 303-205-2300 or dor_led@state.co.us. STEPP will hold space for a conversation related to this issue during the January 8th grantee update call and will continue to provide information as it becomes available. Questions? Ask your STEPP point of contact.

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