New Jersey's ban on tobacco sales to minors under 21 is only partially enforced

A study found that 42% of tobacco purchase attempts by minors under 21 resulted in a sale, including 14% despite the presentation of identification. One-third of New Jersey retailers did not ask for proof of identification, despite the requirement.

The ban on tobacco sales to minors was raised from 18 to 21 years old in 2017 in New Jersey and some US states, before the measure became the subject of federal legislation in December 2019. Since 2010, a federal law has also required tobacco retailers to demand identification from any buyer who appears to be under 27.

To test the real application of this measure prohibiting the sale of tobacco to those under 21 (Tobacco 21 or "T21"), researchers at Rutgers University recruited five 18- to 20-year-olds and asked them to attempt to purchase tobacco at about 100 retail outlets in New Jersey.[1]. The young testers were not asked to lie about their age; they were asked to provide identification if asked and to record it when not asked. The field portion of this study was conducted between August 2019 and March 2020.

Variations observed according to density and types of points of sale

The study results show that 42.3% of outlets agreed to sell tobacco products to people under 21. Only 65.9% of tobacco retailers required identification, but tobacco sales to minors still took place in 14% of cases, despite the presentation of a driver's license clearly indicating that the buyer was under 21.

Variations were observed across outlet types. Independent convenience stores and gas stations required identification less frequently, and tended to sell tobacco to minors more often than retailers with a brand name. The lack of identification requirements was therefore considered a precursor to the sale of tobacco to minors.

The density of the geographical area would also influence the sale of tobacco to those under 21: the higher the density, particularly in the most popular neighborhoods, the more likely it is that dealers will easily sell tobacco to minors. In order to confirm these results in other contexts, the study should be transposed in the future to the states of New York, where the application of the law is supposed to be stricter, and North Carolina, where the law would be less strictly applied in terms of tobacco.[2].

The ban on sales to those under 21, a limited but protective measure

This study highlights the limits of the voluntarism of resellers in the application of this type of legislation, despite the requirements of US regulations. The authors call for a strengthening of the presentation of an identity document which, even if it does not guarantee the absence of sales to minors, tends at least to strongly limit it.

In France, where the ban on the sale of tobacco to minors is poorly enforced, a similar study, set up by the National Committee against Smoking (CNCT), showed that nearly two thirds tobacconists sell tobacco to under-18s and that the demand for an identity document is very low. However, extending the ban on tobacco sales to under-21s would reduce the possibility of misinterpreting the age of buyers. Based on studies carried out in England following the raising of the age of tobacco sales from 16 to 18[3] and on US studies on raising the sales age to 21[4], researchers from the University College of London (UCL) have calculated that raising the age of sale of tobacco to 21 years would be likely to reduce tobacco consumption among young people aged 18 to 20 by 30% in the first year of implementation of this measure.[5].

Keywords: sale to minors, T21, New Jersey

©Tobacco Free Generation

M.F.

[1] Hrywna M, Kong A, Ackerman C, Hudson S, Delnevo C, Retailer Compliance With Tobacco 21 in New Jersey, 2019-2020, JAMA Network Open. 2022;5(10):e2235637.

[2] Many New Jersey Merchants Will Sell Tobacco Products to Underage Buyers, Rutgers, published October 6, 2022, accessed October 12, 2022.

[3] Beard E, Brown J, Jackson S, West R, Anderson W, Arnott D, Shahab L. Long-term evaluation of the rise in legal age-of-sale of cigarettes from 16 to 18 in England: a trend analysis. BMC medicine. 2020 Dec;18(1):1-2.

[4] Friedman AS, Wu RJ. Do local tobacco-21 laws reduce smoking among 18 to 20 year-olds?. Nicotine and Tobacco Research. 2020 Jul;22(7):1195-201.

[5] Recommendation 12 of the APPG on Smoking and Health report June 2021 - Consult on raising the age of sale for tobacco from 18 to 21, UCL modeling of recommendations for the Tobacco Control Plan.

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