Kaine & McConnell Applaud Final Rule to Raise Minimum Age for Tobacco Sales Set by Their Bill

WASHINGTON, D.C. - Today, U.S. Senator Tim Kaine, a member of the Senate Health, Education, Labor and Pensions (HELP) Committee, and U.S. Senate Republican Leader Mitch McConnell (R-KY) applauded a final rule issued by the U.S. Food and Drug Administration (FDA) regarding ID requirements for the purchase of tobacco products at retail establishments. The rule will go into effect on September 30. This rule was required by Kaine and McConnell's bipartisan Tobacco-Free Youth Act, which became law in December 2019 and raised the minimum age to buy all tobacco products, including e-cigarettes, from 18 to 21. Additionally, a recent survey by the FDA and the U.S. Centers for Disease Control and Prevention (CDC) concluded the number of young people in America smoking e-cigarettes dropped to its lowest level in the last decade.

"I'm glad the FDA issued final guidance to implement our bipartisan legislation to raise the tobacco age to 21," said Kaine. "I was proud to work with Senator McConnell to get this legislation signed into law. Our bipartisan bill has already made a huge difference in keeping tobacco products away from young people, and this final rule will only further these efforts."

"Youth e-cigarette use was at its peak just five years ago. That's when I introduced legislation along with Senator Kaine to raise the minimum age to purchase tobacco products to 21. Today, the number of young people smoking e-cigarettes dropped to its lowest level in a decade," said McConnell. "I'm glad to see the FDA finally produce this rule that will help keep even more children from getting their hands on addictive vaping devices. While more work remains, I'm grateful to see our bipartisan legislation making a big impact."

In 2022 and again in 2023, Kaine and McConnell pushed the FDA to issue this final rule. The final FDA rule requires retailers to ask for photo identification for anyone under the age of 30 and prohibits retailers from selling tobacco products via vending machines in facilities where individuals under 21 are present or permitted to enter at any time.

Kaine has long championed policies to limit tobacco use and promote public health. In March 2022, Kaine successfully secured a provision in the Fiscal Year 2022 government funding bill to close a loophole that allowed e-cigarette companies that use synthetic nicotine in their products to avoid government oversight. In September 2021, Kaine and Senator Mitt Romney (R-UT) pressed the FDA on its delay of a decision on whether companies with the largest shares of the e-cigarette market can keep selling their products. As Governor of Virginia, Kaine signed a bill into law to ban smoking in bars and restaurants in the Commonwealth and issued an executive order to ban smoking in state buildings and vehicles.

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