New Jersey: Sales of tobacco and nicotine products to minors remain high despite ban

Despite the implementation of federal and state laws raising the minimum legal age for tobacco and vaping sales to 21, a new study finds that sales to people under 21 remain a widespread problem in New Jersey. Research from Wake Forest University School of Medicine and Rutgers University, published in JAMA Network Open, highlights significant gaps in retailer compliance, with nearly half of attempted purchases by young adults resulting in actual sales.

A study[1] A study conducted by researchers at Wake Forest University School of Medicine and Rutgers University, published in JAMA Network Open, looked at the effectiveness of New Jersey's ban on tobacco sales to young adults from August 2019 to September 2022. The study looked at 2,663 attempted purchases by 18- to 20-year-olds at 70 different retailers, including convenience stores, gas stations and pharmacies.

A high rate of non-compliance

The results highlight significant shortcomings and an insufficient rate of application. Nearly half - 49.5 % - of these attempts to purchase tobacco resulted in an actual sale. Even more worrying according to the authors, 40 % of the sales took place without identity checks and, in 15.3 % of the cases, the retailers concluded the sale despite the presentation of an identity document highlighting that the young person was not of the required age.

While violations were found across all outlets, compliance rates varied considerably. Pharmacies conducted identity checks in 87.6% of attempted purchases, while convenience stores recorded a check rate of only 44.8%. Gas stations also had a low compliance rate. In the case of gas stations, only 55.1% of attempted purchases resulted in an identity check, and 51.7% of persons under 21 were sold tobacco and nicotine products.

Cigarettes and cigars or cigarillos were the most sought-after items, together accounting for over 65,100,000 of purchase attempts. E-cigarettes accounted for 24.5,100,000 of attempts, and nicotine pouches accounted for 10.5,100,000 of attempts.

Similar results of low effectiveness of the sales ban measure have been noted in France. According to a study conducted by the National Committee against Smoking (CNCT)[2] In 2024, 41 % tobacconists and 28 % specialist vape shops sold disposable electronic devices (puffs) to 17-year-olds despite the ban in force since 2009 for tobacco and 2016 for vaping products. In addition, identity checks were only carried out in 16 % cases at tobacconists and in 18 % cases at vaping product sales shops. 81% of the young smokers surveyed also stated that they had never been checked on their age by a tobacconist when purchasing tobacco.

Automated ID checks could prove effective

The study results show that automated ID checks could be a tool that could improve the effectiveness of this protective ban. Retailers that used this technology had higher rates of enforcement. Electronic ID checks were implemented in 22.3% of the controlled retail locations, and of these, only 17 (3.2%) resulted in a sale to a minor. This suggests that a wider adoption of digital verification tools could help strengthen compliance with the law, according to the authors.

More and more countries are implementing automated checks on the age of the buyer. In the Netherlands[3], since July 2024, all points of sale are equipped with facial scanners to estimate the age of customers wishing to buy cigarettes. The system, similar to that used in airports for automated identity control, analyzes facial characteristics such as skin and wrinkles. The system complies with the rules associated with the GDPR with a prior request for the customer's consent to be subject to this control. This is not the case for all facial recognition devices. For example, in the United Kingdom[4], a company has developed an app to prevent the sale of tobacco and other nicotine products to minors under the age of 18. The app uses artificial intelligence to scan the buyer's face and estimate their age. If the estimated age is below a predefined threshold (e.g., 25), the system tells the seller to ask the buyer for ID.

This automated identity document control system raises privacy issues. The buyer is filmed without prior consent, contrary to the provisions set out in the regulations on the protection of personal data. Furthermore, the use and possible conservation of the images collected remain unclear, particularly with regard to their storage and exploitation.

Strengthening of sanctions for illegal retailers

For the authors, These poor results highlight a major challenge in preventing youth smoking. Although regulations exist to reduce tobacco and nicotine product use among adolescents and young adults, the lack of enforcement of these regulations in various retail sectors undermines these efforts to reduce product accessibility. As policymakers and public health officials continue to evaluate strategies to combat youth smoking and vaping, widespread compliance with age restrictions must remain a top priority. Mystery shopper checks remain the basis for truly verifying the effectiveness of measures. The development of automated control devices that respect the buyer's privacy could be a tool for sellers. Finally, the existence of dissuasive sanctions in the event of non-compliance with the threat of a loss of license or a large fine remains essential to increase retailers' compliance with the law.

AE

[1] Kong AY, Hrywna M, Ackerman C, Lee JGL, Delnevo CD. Identification Checks and Underage Sales of Tobacco Products in New Jersey, 2019-2022. JAMA Netw Open. 2025;8(1):e2457319. doi:10.1001/jamanetworkopen.2024.57319

[2] Tobacco-free generation, Sale of tobacco and puffs to minors in France, what are the figures?, published March 26, 2024, accessed March 3, 2025

[3] Tobacco-free generation, Netherlands: Face scanners to check age of tobacco buyers, published on April 10, 2024, consulted on March 3, 2025

[4] Tobacco-free generation, UK: Artificial intelligence to automate age verification for vape retailers, published on September 19, 2024, accessed on March 3, 2025