How Old Do You Have to Be to Buy a Vape?

Vaping has gained significant popularity over the past decade, particularly among young adults and teenagers. However, recent studies show that youth vaping is at its lowest point since 2013, when vaping first became widely accessible. While there are still concerns about the accessibility of vaping products to minors, this decline in youth usage highlights progress in controlling underage access.

When discussing vaping safety, it’s important to approach it from a Relative Harm perspective. While vaping does carry some risks, these risks are far smaller compared to smoking traditional cigarettes. This is central to the concept of Harm Reduction—vaping is not without its dangers, but when weighed against the severe health impacts of smoking, it represents a significantly less harmful alternative.

Understanding the legal age for purchasing vape products is crucial for both consumers and retailers. In this comprehensive blog post, we will delve into the legal age for vaping in various regions, the regulatory bodies involved, and the consequences of non-compliance.

Understanding these regulations is not just about adhering to the law; it’s about fostering a culture of responsibility and safety within the vaping community. In this comprehensive blog, we will answer some of the most frequently asked questions, such as “How old do you have to be to buy a vape?” We’ll also discuss the implications of these laws for retailers and consumers while highlighting best practices for verifying age during purchases. 

Who Regulates The Legal Age For Vaping?

Federal Regulation in the United States

In the U.S., the regulation of vape products falls under the jurisdiction of the U.S. Food and Drug Administration (FDA). The FDA oversees all tobacco products, including e-cigarettes and vaping devices. In December 2019, the FDA implemented a federal law known as Tobacco 21, which raised the minimum legal age for purchasing tobacco and nicotine products from 18 to 21 years. This law was enacted to reduce youth access to these products and combat the rising trend of vaping among adolescents.

State Regulations

While federal law sets a baseline age of 21, individual states can impose stricter regulations. As a result, each state has its own laws regarding the sale and distribution of vape products. Some states have gone further by implementing additional restrictions on flavors, advertising, and locations where vaping is permitted.

Local Ordinances

In addition to state laws, local municipalities may also enact ordinances that regulate vaping products. These can include specific zoning laws for vape shops or additional age restrictions in certain areas. Therefore, it is essential for retailers and consumers alike to stay informed about local regulations.

What Is the Legal Age to Buy a Vape?

The most asked question among the vaping community is: what is the legal age for vaping or buying a vape? The legal age to buy a vape in the United States is 21 years old. This applies to all forms of nicotine delivery systems, including:

• E-cigarettes
• Disposable vaping devices
• Vape pens
• E-liquids containing nicotine
• Nicotine pouches
• Snus

Tobacco 21 also is applied to all vaping-related equipment and accessories, including, but not limited to:

• Batteries
• Replacement parts such as Glass and O-rings
• Mouthpieces/Drip Tips

Exceptions

Tobacco 21 is the nationwide minimum age to purchase any nicotine vaping product. While the federal law mandates that individuals must be at least 21 years old to purchase these products, some states and jurisdictions have differing minimum age requirements, but the federal law supersedes any alternate minimum age statute still “in the books.” Any jurisdiction flouting the federal law risks losing all federal funding.

What Age Do You Have to Be to Vape by State?

Let’s understand how old you have to be to buy a vape. Understanding state-specific regulations is vital for both consumers and retailers. Below is a summary of how different states enforce the legal age for purchasing vape products:

As shown in this chart, while all states comply with the federal minimum age requirement of 21, many have additional restrictions that retailers must adhere to.

The Legal Vaping Age In Other Countries (European Union)

The legal age for purchasing vape products varies significantly across countries outside of the U.S., particularly within the European Union (EU). Here’s a brief overview:

• United Kingdom: The legal age is 18.
• France: The legal age is 18, with strict regulations on advertising.
• Germany: The legal age is 18, and there are restrictions on flavors.
• Finland: The legal age is 20, one of the highest in Europe.
• Malta: The legal age is 21, similar to U.S. federal law.

These differences highlight the varying approaches nations take towards regulating vaping and preventing youth usage.

The Legal Age to Buy Zero-Nicotine Products in the USA

The sale of zero-nicotine vape products presents a unique challenge regarding regulation. Currently, there is no federal law specifically governing the sale of zero-nicotine e-liquids or devices in the United States. However, some states have enacted their laws regarding these products:

• In states like California, zero-nicotine products are still subject to age restrictions; minors cannot purchase them.
• Other states may allow sales without restrictions but often require retailers to verify age regardless of nicotine content.

Retailers need to be aware of their specific state laws regarding zero-nicotine products as they can vary widely.

Additionally, retailers avoid selling non-nicotine liquids and devices to individuals under 21, as the FDA broadly classifies all vapor products—whether they contain nicotine or not—as tobacco products. The FDA’s interpretation of ENDS (Electronic Nicotine Delivery Systems) encompasses a wide range of products, including items that aren’t vape-specific, such as plastic mouthpieces. Given this broad classification, retailers are highly unlikely to risk their business by selling any vapor-related products to those under 21, even if the products are nicotine-free.

Consequences of Selling Vapes to Minors

Selling vape products to minors can lead to severe consequences for retailers:

• Fines and Penalties

Retailers caught selling vapes or related products to anyone underage can face hefty fines. Depending on state laws, penalties can range from hundreds to thousands of dollars per infraction.

• License Suspension or Revocation

Repeated violations can result in suspension or revocation of a retailer’s license to sell tobacco and nicotine products. This can severely impact business operations.

• Criminal Charges

In some cases, particularly egregious violations may result in criminal charges against individuals involved in selling vapes to minors.

• Impact on Community Health

While concerns about youth nicotine addiction are valid, it’s important to consider this through the lens of Harm Reduction. There’s no credible evidence that vaping causes long-term health issues or leads to smoking. In fact, research suggests vaping is less addictive than smoking and can help reduce smoking rates. Restricting vape sales to minors while allowing adult access promotes a safer alternative to smoking, supporting public health by reducing the harms associated with cigarette use.

How to Verify Legal Age When Purchasing Vapes

To comply with regulations and avoid penalties, retailers must implement effective age verification processes during both in-store and online purchases.

In-store Purchase Guidelines

1. ID Checks: Retailers should always request a valid government-issued photo ID from customers attempting to purchase vape products.
2. ID Scanning: Retailers are required as of January 2024 to use ID scanning technology to verify ID validity.
3. Staff Training: Employees should be trained on how to properly check IDs and recognize fake identification.
4. Clear Signage: Display signs indicating that customers must be at least 21 years old to purchase vape products.

Online Purchase Guidelines

1. Age Verification Software: Utilize software or services that verify the customer’s identity via national identification databases.
2. ID Uploads: Some online retailers may require customers to upload a photo ID during checkout.
3. Delivery Age Verification: Ensure delivery personnel check IDs upon delivery if shipping vape products directly to consumers.

Technology Used for Age Verification

Retailers are increasingly turning towards technology solutions for more efficient age verification:

• ID Scanners: Devices that scan IDs can quickly verify authenticity and check ages against databases.
• Third-party Verification Services: Companies specializing in age verification can provide services that ensure compliance without burdening retailers.

By implementing robust verification methods, retailers can protect themselves legally while promoting responsible sales practices.

Understanding that you must meet federal age requirements to buy a vape is essential for both consumers and retailers navigating this complex landscape. With federal regulations setting the minimum legal age at 21 years old across all states—and various state-specific laws adding layers of complexity—staying informed is key. Retailers must prioritize compliance through effective age verification methods while also being aware of local ordinances that may impose stricter rules.

As vaping continues to evolve as both a product category and a public health issue, ongoing education about these regulations will remain crucial for preventing use and abuse among youth while allowing responsible adults access to vaping options. By fostering an environment that prioritizes awareness and compliance, we continue to work towards reducing underage access while still providing adults with smarter alternatives to cigarettes within our communities.