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Congress Raises Tobacco, E-Cigarette Purchasing Age To 21

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(Updated: 5:34 p.m. EST, 12/19/2019)

Topline: The Senate voted on Thursday to raise the legal age to buy tobacco products and e-cigarettes from 18 to 21, a provision included in the $1.37 trillion spending measure to fund the U.S. government.

  • The spending package was first passed by the House of Representatives on Tuesday.
  • The Senate passed the measure in a 71-23 vote, which means the government should avoid a partial shutdown due to lack of funding.
  • Axios reported that President Trump will likely sign the measure before funding runs out on Friday at midnight.
  • There was bipartisan support for the measure, including support from Senate Majority Leader Mitch McConnell (R-Kentucky) and Senator Tim Kaine (D-Virginia).

Chief critics: Anti-smoking groups. “Raising the tobacco age to 21 is a positive step, but it is not a substitute for prohibiting the flavored e-cigarettes that are luring and addicting our kids,” said Campaign For Tobacco-Free Kids media director Dave Lemmon in an emailed statement to Forbes. And the American Lung Association told Forbes “There is research that shows Tobacco 21 will save lives and prevent many new incidences of lung cancer,” and also said that tobacco companies have long targeted the nation’s youth. Altria (which owns a 35% stake in vaping giant Juul) has previously expressed support for raising the age. Juul, however, has not responded to request for comment.

What to watch for: Trump’s signature, which will make the measure law.

Key background: Raising the tobacco and e-cigarette purchasing age gained momentum in Congress as lawmakers sought a solution to curb the dramatic rise in youth vaping, as well as the onset of vaping-related illnesses and deaths that broke out across the country in 2019. Trump announced that he would ban flavored e-cigarettes earlier this year, but backtracked after vaping groups lobbied the White House and some conservatives raised concerns such a move would negatively impact Trump’s poll numbers. 

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