Arizona retailers and executives said they were surprised by the Food and Drug Administration`s announcement that it had raised the legal age to purchase tobacco products from 18 to 21. “The age change went into effect immediately, meaning it is now illegal for a retailer to sell tobacco products — including cigarettes, cigars, and e-cigarettes — to people under the age of 21,” an FDA spokesperson told KTAR News 92.3 FM in an email. On December 20, 2019, the President signed a law amending the Federal Law on Food, Medicines and Cosmetics and raising the minimum age for the sale of tobacco products from 18 to 21. This law (known as “Tobacco 21” or “T21”) came into effect immediately, and it is now illegal for a retailer to sell tobacco products – including cigarettes, cigars and e-cigarettes – to anyone under the age of 21. The new federal minimum age applies to all retail establishments and to persons without exception. Today, @POTUS signed legislation to raise the minimum age for selling tobacco products from 18 to 21. It is now illegal for a retailer to sell tobacco products – including cigarettes, cigars and e-cigarettes – to people under the age of 21. FDA regulations apply to these tobacco products, which are defined under the Tobacco Control Act as any product manufactured from or derived from tobacco or containing nicotine from any source (e.g., synthetic nicotine) intended for human consumption. Arizona was one of 31 states where the legal age to buy tobacco was 18, although the cities of Tucson, Flagstaff, Goodyear, Douglas and Cottonwood raised the age to 21, according to the Campaign for Tobacco-Free Children. You must verify the photo ID of all persons under the age of 30 who attempt to purchase FDA-regulated products and verify that the customer is of legal age. This is a time requirement (even if you know the person is legal). If you “filed” them yesterday, you must “map” them again today! Vapour product means “a non-combustible tobacco product containing nicotine that uses a mechanical heating element, battery or circuit, regardless of its shape or size, that can be used to heat a liquid nicotine solution contained in cartridges.” § 13-3622(E)(3) (2022) Parman stated that with the new rule, “no high school student should be able to legally purchase tobacco products.” The short answer is NO, vaping is not illegal in Arizona. However, there are restrictions on where and how old you need to be to use e-cigarettes.

In June 2020, the City of Mesa passed a new ordinance that adds vaping to its existing citywide smoke-free bylaws. Tempe has also banned vaping in bars, restaurants and enclosed workplaces. Starting in November 2021, Tempe plans to ban all flavored tobacco and nicotine products. Unless otherwise required by state or local law, the FDA recommends that retailers only accept government-issued photo identification with the owner`s date of birth. (e.g., driver`s license or government-issued ID, military ID card, passport, or immigration card) to establish a legal age to purchase FDA-regulated products. Photo ID will not be accepted if it has expired. The higher legal age was included in the final version of the 2020 budget, which was passed by Congress this month and signed into law by President Donald Trump on Dec. 20. Disclaimer: A U.S. District Court struck down this rule in February 2020.

However, it is expected that these regulations will be reviewed and may re-enter into force before the courts after ongoing adjustments or legal issues. Therefore, retailers should be prepared for this requirement IF it is required once the legal issues have been resolved by the court. “Everyone needs to be recycled because… This law was not a grandfather,” he said. “We have 18-, 19- and 20-year-olds who were legal consumers yesterday and are not legal today.” Do you have to be 18 or 21 years old? The answer to this question is a bit complicated at the moment. While Arizona is already on track to raise the legal age to purchase tobacco products — including cigarettes, cigars and e-cigarettes — to 21, the federal government has beaten them. On December 20, the president signed the new national age limit of 21 as part of a $1.4 trillion federal spending program. ARS 13-3622. This law addresses the illegal sale and use of tobacco products — including e-cigarettes — in Arizona. The FDA`s announcement, posted on its website and tweeted by Commissioner Stephen Hahn, did not provide details about the application or details of the new rules, only that they “will come,” Hahn said.

The FDA says it will conduct follow-up compliance reviews with stores that have found violations. Despite the suddenness of the new rule, Beckwith said retailers would abide by it. At Coolidge Law, we have handled cases ranging from domestic violence and homicide to traffic offenses and misdemeanors. If you`ve been accused of violating one of Arizona`s vaping laws, having an experienced defense attorney by your side can make all the difference. Contact Todd Coolidge today for your free case consultation. Prohibit anyone under the age of 21 from selling FDA-regulated products (SEE “Restricted Products”). Fiore MC, et al. Treatment of tobacco use and dependence: 2008 update. Guidelines for clinical practice. Rockville, MD: U.S.

Department of Health and Human Services. Public Health Unit: May 2008. Brnovich said his office`s enforcement of tobacco regulations has not changed. “They (FDA officials) are taking the position that we should have known all along,” Beckwith said. “Obviously, nobody knew, expect (cigarette manufacturer) Altria and the FDA, because everyone was caught with their pants down.” Flavoured cartridges. In order to reduce the excessive use of e-cigarettes by children and adolescents, there has already been talk of banning the sale of flavoured cartridges.