In the past, teens were addicted to cigarettes. Tobacco-free products have brought about a new era of healthier, odorless alternatives. The days of smoking behind the bike shed are over. Now, teens are asking when they can legally buy vapes.
The government set a minimum age for all vaping products to discourage teens from using them. This decision, unfortunately, has caused a lot of backlash. Legislators are being pulled in opposite directions by groups on both sides of the divide. How do lawmakers plan to enforce this rule? Do vape accessories fall under this ban? What about nicotine-free vape products?
What is the legal age to purchase vape kits in the USA?
You must be at least 21 years old to purchase vapes in the USA legally. The rule applies to accessories such as e-liquids, nic shots, and vape devices. Some countries have made vaping illegal for anyone under 18.
Tobacco 21 Law
Tobacco control groups prefer that vapes be banned. However, vapers and smokers both petition for a lower age limit. The federal Tobacco 21 bill, part of the Deferral Appropriations Bill, applies to everyone in the USA. Former President Donald Trump passed this law in December 2020.
Tobacco 21 is a federal law that provides much information on tobacco products. Still, it also adds electronic cigarettes to the list of ‘tobacco’ products available only to those over 21. This law is significant because it adds a sentence prohibiting retailers from selling tobacco to anyone younger than 21.
The laws governing tobacco are different in each state. The Tobacco 21 Law applies to all states, even though other states have their rules. Some states do not have tobacco legislation but must adhere to the Tobacco 21 Law. State officials who fail to comply with this law will lose a portion of their federal matching grants for substance abuse.
What happens if I buy vapes if I am under 21?
You don’t have to worry about PUP law. Vaping by anyone under 21 is not a crime, and you won’t be penalized for purchasing, using, or possessing vapes.
Retailers who sell tobacco and vapes to those under 21 will be penalized. Retailers may face heavy fines or, in extreme cases, have to shut down their businesses.
What triggered the Tobacco 21 Law?
Recently, the federal government banned the sale of vapor products to anyone under 18. The Food and Drug Administration issued the Deeming Rule in 2016. This Deeming Rule was controversial because it stated that vape devices and tobacco-free liquids were tobacco products. This decision meant that all vapor products fell under federal law on selling tobacco products to those younger than 18.
This decision caused controversy because vape devices are classified as tobacco products rather than age restrictions. Only two states had yet to pass their age restriction when this federal legislation passed.
Reactions to the Food and Drug Administration’s 2016 Deeming Rule
Parents and groups against tobacco were unhappy with the age restriction. Many people thought the legal age should have been much higher. Many people believed that raising the legal minimum age for tobacco products would:
- Reduce smoking introduction– The initiation process is when someone goes from not smoking to smoking. People who begin using tobacco products early in life are believed to consume more tobacco than those who start later. Campaigners hope to reduce the number of tobacco users by fighting the Deeming Rule.
- Improve your overall health Tobacco is the leading cause of cancers, heart diseases, strokes, and lung diseases. Tobacco control groups hope to protect youth from these deadly illnesses by raising the legal smoking age.
Improve outcomes of teenage pregnancy Tobacco is harmful to babies in utero. Asthma, ear and chest infections, pneumonia, and bronchitis are all common problems. Concerned parties hope that they can protect unborn children from tobacco products unavailable to young women; campaigners wanted to raise the age for purchase, but a clear obstacle prevented them. The Family Smoking Prevention and Tobacco Control Act prevented the Food and Drug Administration (FDA) from raising the legal age to 18 or higher. Parents, parents, and tobacco control groups had two choices. They could either push Congress to change laws or they can make individual states do so. They chose to change the direction at the state level.
Tobacco 21 Campaign Group
Rob Crane, a medical professor at Ohio State University, founded Tobacco 21. The organization and its parent company, Preventing Tobacco Addiction Foundation, fight against smoking and vaping. Both organizations have as their first goal to raise the legal age of purchase to 21. However, they ultimately want to ban both smoking and vaping.
Rob Crane has been so intent on highlighting the dangers of vaping that he opposed a bill that would have raised the age for purchasing cigarettes while excluding vaping devices and accessories. He only wants laws that recognize e-cigarettes on the same level as cigarettes.
In 2018, Rob’s campaign was fueled by the public. With the advent of Juul devices, teenage vapers increased dramatically. Juul, a vape device sold in America since 2015., accounted for 75% of e-cigarette sales by 2018. The slim, sleek device was easy to use and delivered a satisfying buzz without the complicated customization options that modern users find frustrating. To the dismay and frustration of campaigners, they became an instant hit among teenagers. Parents, legislators, and campaigners all increased their efforts to improve or ban the age at which vape products can be purchased.
Rob Crane breathed a huge sigh when Congress passed the Tobacco 21 Law in December 2019. The fight isn’t over. Many people believe that raising the purchase age to 21 will only lead to backstreet dealers who need to follow the FDA safety controls. The campaigners continue to fight to remove all cigarettes and vape products from the market.
What is the legal age to purchase zero-nicotine products in the USA?
There is a widespread misconception that products are not age restricted.
The Deeming Rule covers all bases. The Deeming Rule classifies vape juices and devices as tobacco products or components of tobacco products. Vape accessories are considered ‘components or parts.’ Accessories such as drip tips, tanks, and mesh coils affect the “finished product.” Under the Deeming Rule, they’re subject to the age restrictions of e-liquids containing nicotine. Batteries are included in this category.
Vape accessories cannot be sold to anyone under 21. Accessories include anything used with an element that works or holds e-liquid containing nicotine. You can eliminate almost all vape components!
How does the USA compare to the rest of the world?
The campaigners in America have made a big step toward banning all vapes, but other countries are still lagging. Other country’s sides of the spectrum have banned other countries ed vapes entirely. Each country has its battle against nicotine products. Some are more advanced than others.
Most countries use their national legal age to determine the age at which a person can legally purchase alcohol. There are difficulties when a country contains individual states and provinces. Most often, each state and province follows its own set of rules. Resellers may cross state lines to buy vape products at wholesale prices, then return to their home state to resell their illegal stock.
Minimum purchase ages can be subjective. Tokyo prohibits the sale of nicotine and tobacco products to anyone under 20 years old. It may seem strange to Americans who never considered 20 as an actual age for legislation. The minimum age to purchase vapes remained at 20 even when Tokyo’s age of majority dropped from 20 to 18.
Do you plan to travel? It is worthwhile to research the legal age for purchase before you travel. Check out the list below to see if buying a vape at your destination is legal.