Florida Tobacco Law Draws Criticism From Health Agencies

In Florida, Republican Governor Ron DeSantis signed a bill raising the legal age for purchasing tobacco and nicotine products to 21. Health organizations, however, have expressed opposition to the law, calling it incomplete and inadequate.

In 2019, the US Congress passed a law to ban the sale of tobacco to those under 21, but it was not mandatory for US states. Bill SB 1080 actually aims to align Florida's regulations with federal law. It will come into force in October 2021.

A law criticized by public health actors

The bill, signed by Ron DeSantis, who Donald Trump has touted as his potential vice president if he were to be elected in 2024, has sparked discontent among health groups in Florida. They say the law's override of local law will prevent more ambitious local regulations, including on tobacco and vaping product marketing strategies. For example, the city of Daytona Beach, Florida, issued an ordinance restricting outdoor tobacco advertising and sponsorships by manufacturers. Similarly, several counties in Florida regulate where flavored tobacco products can be displayed in retail outlets.[1].

Exemptions from incomprehensible restrictions

Critics of the DeSantis-signed bill also point to another problem. The bill exempts members of the military from the age restriction on purchasing tobacco and vaping products. Rob Crane, president of the tobacco control organization Tobacco 21, said the privilege is a misnomer. “Allowing the sale of tobacco and nicotine to service members under the age of 21 undermines the public service mission of our military leaders and threatens the training and health of our troops,” he said.[2].

A law that does not sufficiently take into account the industrial nature of the tobacco epidemic

Finally, the bill has drawn criticism from public health advocates because it does not reverse the policy of repressing minors who use tobacco. In fact, a number of American states have implemented a measure since the end of the 1980s to penalize minors caught buying, possessing or consuming tobacco products. The measure, called PUP laws (purchase, use and possession), has been criticized for its ineffectiveness and, in fact, for being more discriminatory towards minorities of color. Opponents of PUP laws criticize the very paradigm of the latter, which only takes into account the responsibility of adolescents in smoking among adolescents, without taking into account the direct responsibility of tobacco companies in the spread of an industrial and pediatric epidemic.[3]In principle, effective public health policies aim to place the responsibility on the reseller, who is required to systematically verify the age of the buyer.

A first aborted bill

A year before the bill was signed, former Senator David Simmons had introduced a similar bill, but with some notable differences. The bill also proposed a complete ban on the sale of flavored e-cigarettes, and did not have the ability to prevent local regulatory initiatives. However, after strong opposition from the nicotine industry, the bill was vetoed by DeSantis, citing the danger of developing an illicit trade.[4]The state governor said at the time: “Reducing the use of all nicotine products – including vaping – among our youth is an important goal, but it will not be achieved by eliminating legal adult products, nor by destroying the small businesses that provide those same adults with safer alternatives to cigarettes.”[5]. However, the lesser harmfulness of new tobacco products remains largely to be demonstrated, in particular for heated tobacco. Furthermore, the multiplication of flavors in electronic cigarettes aims in part to target the younger generations, in order to lead them into nicotine addiction, going against public health objectives.

[1] News Journal, Gov. Ron DeSantis signs law raising Florida age to purchase nicotine devices to 21, (accessed 12/05/2021)

[2] Florida Politics, Florida's T21 bills would blur federal law, anti-smoking group says, 04/21/2021, (accessed 05/12/2021)

[3] ChangeLab Solutions, PUP in Smoke, Why youth tobacco possession & use penalties are ineffective & unfair, (accessed 12/05/2021)

[4] Tampa Bay Times, Legal age for vaping to increase to 21 in bill headed to DeSantis, 03/02/2021, (accessed 12/05/2021)

[5] Vaping Post, Florida Senate Passes Tobacco Age Bill, 04/30/2021, (accessed 05/12/2021)