Minimum Age Increase
Background
As of 2004, in the United States there is no federal minimum age requirement for the purchase of tobacco products. In 1996, the U.S. Food and Drug Administration attempted to establish 18 as the national minimum age at which tobacco could be sold; however, this decision was overturned by the Supreme Court, which stated that the FDA was not explicitly given authority by Congress to assert such rules (in FDA v. Brown & Williamson Tobacco Corp.) (11). However, though there is no federal minimum age requirement, the Synar Amendment (Section 1926 of Title XIX of the Federal Public Health Service Act), passed by federal lawmakers in 1992, shifted the responsibility of age limits to the states and required that all 50 states and the District of Colombia have and enforce laws that prohibit sales of tobacco to individuals younger than 18 years of age.
Because more than 90% of regular adult smokers began smoking in their teens, and more than 80% of adults smokers began smoking before age 18, some tobacco control advocates have suggested increasing the minimum age to purchase tobacco to 19, 20, or 21, in order to keep high school seniors from legally purchasing tobacco (13). Older smokers may be the source of cigarettes for younger teens, as many youths do not buy their cigarettes directly. The 2003 Youth Risk Behavior Surveillance survey of 9th and 12th graders found that older students were more likely to obtain cigarettes via retail outlets than younger students (26% among 12th graders vs. 12% among 9th graders) (6).
Another purpose of increasing the minimum age is to delay or prevent the onset of regular tobacco use and addiction among minors. The vast majority of youth smokers, particularly younger high school students (grades 9-10) are "social smokers;" the 2003 Youth Risk Behavioral Study found that, though 58% of high school students had tried smoking, only 3% of high school students indicated that they smoked at least 10 cigarettes a day, and about 10% indicated that they had smoked at least 20 cigarettes during the 30 days prior to the survey (6). However, many teens who are social smokers during high school progress to tobacco addiction by the end of their teen years (ages 17-19), often when they are old enough to obtain cigarettes on a regular basis.
Although national youth smoking rates have steadily decreased over the past several years (from 36% in 1997 to 22% in 2003), smoking rates among young adults aged 18-24 have steadily increased (6, 7). For example, in California, which has one of the lowest adult smoking rates of all states, the smoking rate of 18-24 year olds increased from 20.6% in 1996 to 23.6% in 2001, while the rate for adults aged 25+ decreased from 18.2% in 1996 to 16.3% in 2001 (3).
If the minimum age is raised by one to three years, older high school students may not be able to obtain cigarettes as easily for themselves and for younger students, which may decrease the likelihood of a youth establishing a tobacco addiction before age 20. In addition, such an increase would also target the 18-24 age group and may lower smoking rates in this population, which is more likely to use tobacco.
Polls have indicated support for raising the minimum tobacco purchase age. For example, a poll in 2002 found that Americans favored raising the minimum legal age to buy cigarettes to 21 in their states by nearly two times (1).
Policies
Increase the minimum age for tobacco sales from 18 to 21 years, the same age as for alcohol. Alternatively, increase the minimum age to 19 to keep tobacco out of high schools.
Some states have taken the lead in raising the minimum age to purchase tobacco products. In Alabama, Alaska, and Utah, 19 years is the minimum age for sale of tobacco products (9). Several states, including California, New Jersey, Illinois and Massachusetts have all considered enacting legislation to increase the minimum age for purchasing tobacco, but none has yet been enacted in these states (4).
As a result of the Synar Amendment, all 50 states have some type of penalty for violation of minors' access laws (9). In addition, 33 states have laws that penalize businesses for violation of tobacco youth access laws (2).
Effectiveness Data
In 1984, the Federal Government passed the Uniform Drinking Age Act, which provided for a decrease in federal highway funding to states that did not increase their minimum legal drinking age to 21 by 1987; all 50 states did so by 1988. Increasing the minimum drinking age to 21 has been shown to reduce alcohol use by adolescents and young adults. Results from one study showed a significant decline in the quantity and frequency of alcohol consumption by college students immediately after legislation raised the legal minimum drinking age (10). Another study showed that these lower rates of alcohol use continued even after youths turned 21 (12). Experts believe that increasing the age for tobacco sales may have similar positive effects.
However, the potential effectiveness of an increase in the minimum age law for purchasing tobacco products has not been fully assessed. For instance, though several states have increased the minimum age requirement, these laws have not been rigorously studied to determine their effectiveness in deterring minors' use of tobacco, and there is no evidence of whether these laws have lowered smoking rates. While the minimum age for smoking is 19 is Alaska, Arkansas, and Utah, Alaska and Arkansas have high youth smoking rates (34% and 35%, respectively, as of 2003), while Utah has the lowest youth smoking rate of all states, at 8% in 2003 (5). There are few studies that can prove the effectiveness of higher minimum age requirements, because there are few states, and few countries internationally (Jamaica, Japan, Kuwait, and the Republic of Korea) that have a minimum age above 18. There is little research evidence of effectiveness, and little basis for comparison to determine effectiveness (4).
Because there has been no substantive research to either support or disprove the effectiveness of increasing the minimum age limit, such a strategy may be best pursued in conjunction with other tobacco control efforts that have been studied and proven effective to deter or decrease smoking or to increase cessation rates. Such strategies include the rigorous enforcement of existing youth access laws and licensing of retail outlets, educational campaigns that target both consumers and retailers, and smoke-free air ordinances.
Resources
Centers for Disease Control and Prevention
Office on Smoking and Health
1600 Clifton Rd.
Atlanta, GA 30333
(404) 639-3311
http://www.cdc.gov/tobacco
The Advocacy Institute
Smoking Control Advocacy Resource Center Network (SCARCNet)
1629 K St., NW, Suite 200
Washington, DC 20006
(202) 777-7575
http://www.advocacy.org/
Preventing Tobacco Addiction Foundation
1201 J Street
Sacramento, CA 95814
Office: (916) 551-2061
Fax: (916) 444-5689
or
5600 Dublin Road
Dublin, OH 434017
Office: (614) 766-2211
Fax: (614) 766-6644
http://www.tobacco21.org/
References
- ABC News. (2002, June) Poll - Stub Out Cigarette Sales to Teens. Retrieved June 10, 2004 from: http://more.abcnews.go.com/sections/business/dailynews/smokingage_poll020613.html
- American Lung Association. (2004). State Legislated Action on Tobacco Issues (SLATI). Available online at: http://slati.lungusa.org/
- California Department of Health Services, Tobacco Control Section. (2001). Fact Sheet - Priority Populations, 18-24 Year Olds. Retrieved May 10, 2004 from: http://www.dhs.ca.gov/tobacco
- California Senate Health and Human Services Committee. (2004, March 24). SB 1821 - Tobacco Products: Minimum Legal Age. Bill Analysis. Retrieved May 16, 2004 from: http://info.sen.ca.gov/pub/bill/sen/sb_1801-1850/sb_1821_cfa_20040322_151308_sen_comm.html
- Campaign for Tobacco Free Kids. (2003). State Cigarette Tax Rates and Rank, Date of Last Increase, Annual Pack and Revenues, and Related Data. Retrieved June 9, 2004 from http://tobaccofreekids.org/research/factsheets/pdf/0099.pdf
- Centers for Disease Control and Prevention. (2004, May 21). Youth Risk Behavior Surveillance - United States, 2003. Morbidity and Mortality Weekly Report, 53(SS02).
- Centers for Disease Control and Prevention. (2002, May 17). Trends in Cigarette Smoking Among High School Students - United States, 1991-2001. Morbidity and Mortality Weekly Report, 51(19).
- DiFranza, J., & Rigotti, N. (1998). Policies to Reduce Youth Access to Tobacco. Health Science Analysis Project: 8. Retrieved February 10, 1999 from: http://scarcnet.org/hsap/youth.html
- Fishman, J., Allison, H., Knowles, S., et al. (1999, June). State Laws on Tobacco Control - United States, 1998. Morbidity and Mortality Weekly Report, 48 (SS03): 21-62.
- Hughes, S., & Dodder, R. (1992, November). Changing the Legal Minimum Drinking Age: Results of a Longitudinal Study. Journal of Studies on Alcohol, 53 (6): 568-575.
- Legal Information Institute. (n.d.) Supreme Court Collection – FDA v. Brown & Williamson Tobacco Corp. Retrieved June 9, 2004 from: http://supct.law.cornell.edu/supct/html/98-1152.ZS.html
- Toomey, T., Rosenfeld, C., & Wagenaar, A. (1996). The Minimum Legal Drinking Age: History, Effectiveness, and Ongoing Debate. Alcohol Health & Research World, 20 (4): 213-217.
- U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA). (2002). Results from the 2002 National Survey on Drug Use and Health. Calculated based on 2002 data at:http://www.icpsr.umich.edu:8080/SAMHDA-SERIES/00064.xml#das
Acknowledgements
Dana Shelton, MPH, Associate Director, Office on Smoking and Health, Centers for Disease Control and Prevention, Atlanta, GA
Glenda Vaughn, Public Health Analyst, Office on Smoking and Health, Centers for Disease Control and Prevention, Atlanta, GA
Traci Verardo, Executive Director, California Tobacco Control Alliance, Sacramento, CA
The Center for Health Improvement also acknowledges the following reviewers for providing comments on the original version of this policy profile:
Michael P. Eriksen, Sc.D., Former Director, Office of Smoking on Health, Centers for Disease Control, Atlanta, GA
David Fleming, M.D., Former State Epidemiologist, Oregon Health Division, Portland, OR
Sally Herndon-Malek, Former Director, Project ASSIST, DHHS, Raleigh, NC
Philip Huang, M.D., M.P.H., Chief, Bureau for Disease and Injury Prevention, Texas Department of Health, Austin, TX
Kevin Keane, Former Director, Cancer Control, American Cancer Society, California Division, Oakland, CA
Jon Lloyd, Director, Tobacco Control Program, Planning and Policy, California Department of Health Services, Sacramento, CA
Paul Minicucci, Former Executive Director, California Next Generation Tobacco Control Alliance, Sacramento, CA
Jane Pritzl, Field Director, Assist Project, Division of Prevention Programs, Colorado Department of Public Health and Environment, Colorado, UT
Randy Schwartz, American Cancer Society, New England
Updated 6/30/04
