State and Federal Tobacco Laws

The following are federal laws regarding the sale of tobacco products.

Federal Food, Drug and Cosmetic Act (FD&C Act), Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco and Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act

  • Check photo ID of everyone under age 27 who attempts to purchase cigarettes, cigarette tobacco, roll-your-own-tobacco, smokeless tobacco, cigars, hookah, pipe tobacco and e-cigarettes.
  • Only sell cigarettes, cigarette tobacco, roll-your-own-tobacco, smokeless tobacco, cigars, hookah, pipe tobacco and e-cigarettes to customers age 18 or older.
  • Do NOT sell cigarettes, cigarette tobacco, roll-your-own-tobacco, smokeless tobacco, cigars, hookah, pipe tobacco and e-cigarettes in a vending machine or self-service display unless in an adult-only facility.
  • Do NOT give away free samples of cigarettes, cigarette tobacco, roll-your-own tobacco, cigars, hookah, pipe tobacco and e-cigarettes to consumers, including any of their components or parts.
  • Do NOT sell cigarettes, cigarette tobacco, or roll-your-own tobacco that contain a characterizing flavor (except menthol or tobacco flavor).
  • Do NOT sell cigarette packages containing fewer than 20 cigarettes, including single cigarettes, known as “loosies.”
  • Do NOT break open packages of cigarettes, cigarette tobacco, or roll-your-own tobacco to sell products in smaller amounts.
  • Do NOT give away free samples of e-cigarettes or other electronic nicotine delivery systems (ENDS) to consumers, including any of their components or parts.
  • Do NOT give away free samples of hookah or pipe tobacco to consumers, including any of their components or parts.

View wecard.org for more information.