The U.S. Food & Drug Administration’s Center for Tobacco Products (CTP) has finally released its Final Rule for implementing the T-21 law, which includes requirements for age verification for customers who appear under 30 and the removal of tobacco vending machines from places where individuals under 21 are allowed.
Since Congress passed T-21 in December 2019, the Premium Cigar Association (PCA) has urged the CTP to complete the regulatory process, as the delay created a compliance limbo. Despite this, the FDA prioritized enforcement actions over completing the regulations, focusing on efforts that limited consumer choice rather than addressing the law.
Joshua Habursky, Executive Director of PCA, expressed that this rule was overdue and hopes it will refocus the CTP on its statutory mandate. The PCA has worked to ensure that premium cigars and pipe tobacco were recognized as low priorities for enforcement due to their lack of youth appeal and evidence of addiction. These efforts contributed to the legal vacatur of the FDA’s deeming rule on premium cigars.
PCA continues to push the CTP to update their compliance resources, like the “This is our Watch” program, which has yet to incorporate T-21 regulations. CTP Director Brian King has agreed to engage with industry stakeholders at the PCA 2025 trade show in New Orleans. A statement on the CTP website indicates plans to update the program.
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