Summary
In the attached chart, we provide side-by-side analysis of the major Congressional (Senate and House) legislation intended to reduce youth tobacco use that have been introduced/released thus far in the 116th Congress.
For each of the four proposals outlined below, the chart examines key provisions regarding tobacco products, restrictions, new enforcement authority, user fees, and preemption. Specifically, we look at:
- Tobacco-Free Youth Act (S. 1541): Raises the minimum legal tobacco sale age to 21. Authorizes the Secretary of Health and Human Services (HHS) to require states pass individual laws raising the minimum legal sale age to 21 in order to receive grants to support substance abuse prevention and treatment activities.
- Tobacco to 21 Act (S. 1258/H.R. 2411): Raises the minimum legal tobacco sale age to 21 and prohibits the sale of tobacco products to individuals under 30 without age verification. Provides HHS Secretary with additional enforcement authority.
- Reversing the Youth Tobacco Epidemic Act of 2019 (H.R. 2339): Raises the minimum legal tobacco sale age to 21. Prohibits remote retail sale of all tobacco products; flavoring of tobacco products unless intended to decrease smoking among current users; and advertising of electronic cigarettes under 21. Provides HHS Secretary with additional enforcement authority.
- Stopping Consumption of Tobacco by Teens (SCOTT) Act of 2019 (H.R. 2084): Raises the minimum legal sale age to 21 and requires age verification for remote sale of tobacco products. Provides HHS Secretary with additional enforcement authority.
Given the high level of attention on this issue, including from Senate Majority Leader Mitch McConnell (R-KY) who sponsored S. 1541, we expect legislative action on this front in the coming months.