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.
  • 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.
  • 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.