Tobacco 21: The Law of the Land

The Preventing Tobacco Addiction Foundation graded all the statewide Tobacco 21 Laws.

Historical Timeline of Critical Tobacco & Smoking Policies in the U.S.

1964
The first Surgeon General’s Report on smoking is published, establishing the link between smoking and lung cancer.
1966

Health warnings first appeared on cigarette packages following the Federal Cigarette Labeling and Advertising Act of 1965.

1971

Cigarette advertisements banned from television and radio.

1972

Federal officials declare that airlines must provide nonsmoking sections.

1975

Minnesota becomes first state to pass a comprehensive Clean Indoor Air Act, requiring separate smoking areas in public places.

1986

Surgeon General’s Report officially acknowledges the harmful effects of involuntary (“secondhand”) smoking.

1988

U.S. government bans smoking on short domestic airline flights (under 2 hours).

1990

San Luis Obispo, California, becomes first city in the world to ban smoking in all public buildings, including bars and restaurants.

1993

The Joint Commission (JCAHO) mandates that all hospitals be smoke-free by year’s end.

1995

Utah becomes the first state to implement a statewide law prohibiting smoking in restaurants.

1997

President Clinton issues Executive Order banning smoking in all interior spaces owned or leased by the Federal Executive Branch.

1997

Preventing Tobacco Addiction Foundation is established, with the goal of raising the minimum legal sales age to 21 nationwide for nicotine and tobacco sales (“Tobacco 21”).

1998

The Master Settlement Agreement (MSA) is signed, a landmark legal settlement between states and major tobacco companies, which included significant restrictions on youth marketing and ongoing payments to states for health costs related to smoking.

1998

California becomes the first state to eliminate smoking in bars, creating a comprehensive statewide smoke-free air law.

2003

Needham, MA becomes first municipality in the U.S. to pass Tobacco 21 policy.

2009

The Family Smoking Prevention and Tobacco Control Act is signed by President Obama, giving FDA authority to regulate tobacco products.

2015

Institute of Medicine (IOM) publishes study on benefits of raising the sales age for tobacco and nicotine to 21.

2015

Hawaii becomes the first state to raise its minimum legal sales for tobacco and nicotine to 21.

2016-2018

(State Momentum for Tobacco 21): California (2016), New Jersey (2017), Oregon, Maine, and Massachusetts (2018) follow, with hundreds of local jurisdictions also enacting Tobacco 21 laws.

2016

The U.S. Department of Housing and Urban Development (HUD) requires all public housing agencies to implement smoke-free policies.

2019

President Trump signs federal law to raise the minimum legal sales age of tobacco and nicotine to 21 nationwide.

2024-2025

Policy efforts nationwide focus on banning menthol and flavored tobacco.

2024

FDA issues a final rule to strengthen federal enforcement of Tobacco 21, requiring retailers to verify the age of anyone under 30 with photo ID and restricting tobacco vending machines to 21+ facilities.

2026

Ongoing efforts continue on flavor bans and closing smoke-free loopholes in state laws (i.e. for casinos), and extending smoke-free policies to include e-cigarettes and multi-unit housing. As well, the federal law unified the minimum sales age across all states, but ongoing efforts by public health advocates and FDA focus on improving retailer compliance and ensuring equitable enforcement to achieve Tobacco 21’s goal of reducing youth tobacco use.

History of Tobacco 21

Tobacco companies have long understood that most smokers initiate use at a young age: the majority begin before age 18, and nearly all before age 25. This knowledge has historically shaped industry marketing strategies aimed at adolescents and young adults, whom internal documents describe as “replacement smokers” for those who quit or die. A 1984 R.J. Reynolds report bluntly stated, “If a man has never smoked by age 18, the odds are three-to-one he never will. By age 24, the odds are twenty-to-one.”

Revelations from internal tobacco industry documents became a powerful catalyst for public health advocacy and policy reform, including efforts to raise the minimum legal sales age for tobacco and nicotine products to 21 across the United States.

In 1997, motivated by his father’s addiction to tobacco and premature death from lung cancer, family physician and Ohio State University professor Dr. Rob Crane co-founded the Preventing

Tobacco Addiction Foundation (a 501(c)(3) organization) and its sister lobbying organization, Tobacco 21 (501(c)(4)). Dr. Crane pursued a singular goal: raising the legal sales age for tobacco and nicotine to 21 nationwide to prevent adolescent addiction and allow young people to enter adulthood free from dependence.

Despite early fundraising success and sustained advocacy, it would take more than two decades for Tobacco 21 to become federal law. A pivotal moment occurred in 2003, when Needham, Massachusetts became the first community in the United States to raise the tobacco sales age to 21 through its local health authority. Subsequent regional youth risk surveys revealed that high school smoking rates in Needham dropped by 50 percent. Two Harvard pediatricians began promoting this new model town by town, providing compelling local data and momentum beyond the reach of tobacco industry lobbyists, who traditionally focused their resources on influencing state legislatures.

Over the next 15 years, dozens—and eventually hundreds—of local policies were adopted in states permitting local action. Hawaii and California became the first states to enact Tobacco 21 statewide in 2015 and 2016, respectively, followed by several others in 2017. In the midst of growing momentum, the Institute of Medicine (now the National Academy of Medicine) in 2015 released a comprehensive 380-page report confirming the public health benefits of Tobacco 21. With this evidence, major health organizations united in support.

The landscape shifted dramatically in 2018 with the emergence of the JUUL vaping epidemic, which sparked widespread public and political outrage. In a notable reversal, Philip Morris and R.J. Reynolds publicly supported Tobacco 21—largely as a damage-control strategy. In 2019, President Trump signed federal Tobacco 21 legislation with broad bipartisan support, confirming FDA as the enforcement authority and removing flavored JUUL products from the market. Since then, high school vaping rates have declined by half.

As of this year, 44 states have enacted Tobacco 21 laws in accordance with federal policy. North Carolina, South Carolina, Montana, Missouri, Wisconsin, and Alaska remain the only states without full alignment.

At the local level, the Preventing Tobacco Addiction Foundation continues to assist cities and states in adopting tobacco retail licensing laws to strengthen enforcement, improve compliance with age-of-sale requirements, and increase retailer accountability.