Smoker: John Smithson, 20, is critical of a new federal law that means he can no longer legally purchase tobacco products. Staff photo by Sue Loughlin
On Tuesday, 20-year-old John Smithson was able to purchase Marlboro Ice at the convenience store where he works.
But as of today, New Year’s, the Speedway store at 22nd and Wabash Avenue will begin enforcing a new federal law that raised the minimum age to purchase tobacco products, including e-cigarettes, to 21.
A sign is posted at the counter informing customers.
“I feel it’s kind of stupid. Now, I can’t buy cigarettes. I can’t buy alcohol, but I can go overseas and die [in military service]. I can be taxed before I’m 18. I can be tried as an adult before I’m 18. But I can’t buy cigarettes now,” he said.
He’s hearing a lot of similar reaction from those ages 18 to 20 who are affected. Smithson, who said he smokes a pack of cigarettes about every two days, says he’ll probably quit.
The provision raising the legal limit from 18 to 21 nationwide was in a massive spending bill passed by Congress and signed by President Trump on Dec. 20. About one-third of states already had their own laws restricting tobacco sales to people 21 and older, according to the Associated Press.
Indiana retailers were caught off guard and some have been unsure when to begin implementing the changes.
Food and Drug Administration commissioner Dr. Stephen Hahn tweeted Dec. 20, “Today, @POTUS signed legislation to 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.”
In an interview, Stephanie Caccomo, FDA spokeswoman, said the law took effect immediately and retailers should not be selling to those ages 18 to 20.
“This is the information we have to share,” Caccomo said. “We will provide additional details on this issue as it becomes available.”
In a news release, the Indiana Food & Fuel Association expressed harsh criticism of the FDA for moving to immediately implement the change without notice.
“While our association supports increasing the age of tobacco purchase to 21, we are completely puzzled as to why the FDA chose to implement a Christmas-time surprise without giving advance notice to retailers and the general public that this change is occurring immediately,” said Scot Imus, association executive director.
The association represents petroleum marketers, convenience and grocery stores.
Under the federal legislation, the FDA was given 180 days to update regulations regarding purchase age, with the change taking place no more than 90 days later, Imus stated.
However, “a notice buried on FDA’s website warned that the sale of tobacco products to those under 21 is illegal now,” he said. “This change has created mass confusion in our industry.”
In an interview, Imus said the association is advising members to follow what FDA has said, but there may be some — concerned about losing sales — who want to make sure competitors are doing the same thing, he said.
In Terre Haute, implementation of the new law varied, with two establishments that sell tobacco stating they are already implementing it, another will begin today and a fourth said they are reviewing the legislation.
Lindsay Hyer, commission counsel and director of communications with the Indiana Alcohol and Tobacco Commission, said that as of Dec. 20, the federal legal age for purchasing tobacco and vape products was raised from 18 to 21 years of age.
“While the ATC is awaiting additional guidance from FDA on when and how federal enforcement of the law change will be implemented, it strongly encourages retailers to come into compliance with the new federal minimum,” she said in an emailed statement.
In the interim, the ATC will work with the Indiana General Assembly this coming legislative session to amend portions of the Indiana Code necessary for the ATC to enforce the new federal minimum. Additional updates will be given as they are received from the federal government, she stated in the email.
Brandon Halleck, chief operating officer of Chances and Services for Youth in Terre Haute, who supports the legislation, said, “I do think it happened faster than some of us in the field thought it would.”
He believes there has been some confusion about the effective date.
At CASY, “We wholeheartedly support it. I support anything that will help reduce youth tobacco use rates,” he said. “Obviously, our focus is on making sure our youth don’t start using and abusing substances that will negatively affect them their entire life.”
National data indicates that 95 percent of adult smokers began smoking before age 21, Halleck said. He believes concerns about vaping and juuling “have really startled folks” and helped strengthen bipartisan support for changing the law.
U.S. Sen. Todd Young, R-Indiana, was one of the sponsors of Tobacco 21 legislation, intended to address “the nationwide epidemic of e-cigarette and tobacco use among high school and middle school students by prohibiting the sale of tobacco products to anyone under the age of 21,” according to news release from Young’s office.
Some of those frequenting a local store that sells tobacco products had varying opinions. Richard S. Jeffers, 26, said, “I thought it was going to kick in sooner. They’ve been talking about it for years.” He supports the change in the minimum age.
“I think it’s been a detriment and I’m looking to quit smoking,” Jeffers said.
One woman, who doesn’t smoke, believes the change is a good idea. “An 18-year-old is a kid. They don’t realize how harmful it is and the long-term damage, the cost involved,” she said.
Michael Harding of Terre Haute doesn’t believe the change of law will have much of an impact. “I don’t think it’s going to do any different ... it’s not going to stop kids from getting cigarettes.”
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