E-Cig Regulation and the Federal Age Limit Debate
With the recent surge in e-cigarette (e-cig) and vaping equipment usage, alongside ongoing discussions about age limits and regulations, it is crucial to understand the current legal framework. Specifically, the legal age to purchase tobacco and e-cigs in the United States is now 21 federally, following the signing of a bill in 2020. This article delves into the legal intricacies, including the absence of a 'grandfather clause', and provides insights into potential evidential implications.
Overview of the Federal Age Limit
On December 20, 2019, President Donald Trump signed the 2020 fiscal year budget, which included a requirement for the Food and Drug Administration (FDA) to mandate states to raise the age for purchasing tobacco and e-cigarettes to 21 by September 1, 2020. This regulation is a significant shift from the previous federal law, which allowed the purchase of these items at the state level with varying minimum ages.
No Federal Law Mandating the Age Hike
It is important to clarify that there is no standalone federal law that mandates the age hike to 21. Instead, the requirement is embedded within a component of the 2020 budget. This means states must implement the law by passing local legislation to align with the federal mandate.
Legal Authority and State Powers
Neither Congress nor any other federal branch or agency has the authority to create laws beyond what is explicitly stated in the U.S. Constitution. Thus, the power to pass such specific age-based laws remains with individual states under the 10th Amendment. Currently, 19 states have already raised the age to 21.
Grandfather Clause and Its Absence
Unlike some other laws that may have grandfather clauses, there is no specific provision allowing those who were 18 or older when the new regulation took effect to continue purchasing tobacco and e-cigs without restriction. This is because the bill did not include a grandfather clause as part of the budget language.
No Legal Precedent for Raising the Age
Age-based laws generally follow a principle that once a legal right is established, it cannot be revoked. However, in the case of the FDA mandate, there is no inherent right to purchase tobacco or e-cigs under 21. Therefore, the absence of a grandfather clause is consistent with legal standards.
No Ex-Post Facto Laws
Age-based laws, including the new tobacco and e-cig age limit, are not considered ex-post facto laws. This means they do not apply retroactively and do not affect individuals who were legally permitted to purchase such items before the law was enacted.
Implications for Vape Shops
While there is no legal obligation for retailers to 'grandfather' in customers based on age, it is essential for vape shops to adhere to the new FDA regulations. Violating these regulations can result in serious penalties, including fines and loss of license. However, businesses are not required to serve customers who are under 21 unless those customers were legally able to purchase before the age limit was raised.
Exoneration Based on Ignorance
A potential defense for a retailer could be a claim of ignorance regarding the new regulation. For example, if an employee sold to a customer who was legally 18 under the old law, and then the law changed, the retailer could argue that they were unaware of the new regulation. However, this argument would not extend to a scenario where a retailer knowingly sold to a customer who was clearly under 21.
Evidence of Knee-Jerk Legislation
The absence of a grandfather clause in the new regulation, combined with the sudden nature of the change, can be seen as evidence that laws like this are often reactive rather than preemptive. This is particularly relevant in a context where many states have already raised the age to 21, and such a change was anticipated.
Conclusion
The shift in the federal age limit for tobacco and e-cig purchases is a complex issue with significant implications for vape shops and their customers. While there is no explicit grandfather clause, the absence of such a clause aligns with current legal principles regarding age-based laws. Retailers must ensure they are familiar with and comply with the new regulations to avoid legal issues and maintain their business integrity.
Recommendations
Businesses operating vape shops should familiarize themselves with the new FDA regulations and update their internal policies accordingly. Additionally, continuous monitoring of state-specific laws is essential, as some states may have their own specific grandfather clauses or other provisions.