About three decades after Congress mandated a nationwide 21-year age limit for alcohol, 10 senators are proposing a bill that would similarly force jurisdictions across the country to block sales of tobacco products to young adults.

The senators, all Democrats, introduced the Tobacco to 21 Act on Wednesday. It would establish the new national age limit and allow the Department of Health and Human Services to ensure compliance.

Bill sponsor Brian Schatz of Hawaii said in a statement that “by raising the minimum tobacco age of sale to 21 across the country, we can cut the number of new smokers each year; build a healthier, tobacco free America; and save lives.”

The new bill likely has no chance of becoming law unless it’s embraced by a large number of Republicans, who currently control both both chambers of Congress. But it brings to the federal level a struggle happening in statehouses and local councils.



Hawaii in June became the first state to impose a 21-year age limit for buying tobacco products. New York City did so last year, and a number of bills have proposed replicating the bump elsewhere.

As often is the case with proposed age restrictions, debate certainly will occur over whether it’s proper to restrict the rights of adults who can vote and serve in the military.

The prospective effect on electronic cigarettes also is certain to attract attention.



Gregory Conley, president of the American Vaping Association trade group, says the bill’s age limit would apply to nicotine-laced liquid that e-cigarettes use, assuming the Food and Drug Administration formalizes a long-pending deeming regulation and that it isn’t then defeated in court.

The long-term health effects of e-cigarettes are unknown​, but many experts believe they pose fewer health risks than combustible cigarettes.

“All efforts to target 18- to 20-year-old adults with new prohibitions should exclusively focus on the products that are actually killing people: cigarettes,” Conley says.

The bill, however, is being greeted with enthusiasm from longtime anti-tobacco campaigners.



Robin Koval, CEO and president of the anti-smoking Truth Initiative, said in a statement “a minimum legal age of 21 would mean that those who can legally purchase tobacco are less likely to be in the same social networks as high school students,” reducing induction to smoking among teens between the ages of 15 and 17.

Original co-sponsors include Sens. Barbara Boxer of California, Ed Markey of Massachusetts, Sherrod Brown of Ohio, Dick Durbin of Illinois, Jack Reed of Rhode Island, Elizabeth Warren of Massachusetts, Mazie Hirono of Hawaii, Richard Blumenthal of Connecticut and Sheldon Whitehouse of Rhode Island.