Texas will become the next state to raise the legal age to purchase cigarettes, e-cigs, and other tobacco products, which will make it join more than a dozen other states that have taken similar action. The state is seeking to raise the legal age to purchase these products to 21 years old.
About the Proposed Law
The proposed bill would restrict sales of tobacco products to age 21 and older. Anyone under 21 would be barred from buying tobacco products in the state. However, the bill does contain an exception to allow anyone in the military regardless of their active status from application of the law. Texas is the residence of more than 17,800 members of the military who are between the ages of 18 and 20. The bill also contains a provision that will prevent local governments in the state from further increasing the purchase age of these products. Advocates believe that the measure will help decrease the number of students in middle school and high school who smoke or use e-cigs.
The bill is referred to as T21 legislation. Currently, Arkansas, Maryland and Virginia have such laws that increase the legal purchase price for these products. 11 other states, including California also have T21 laws. New York is also considering a similar law.
Tobacco Bill Status
On May 21, 2019, the Senate accepted House changes to the bill and voted for its approval 27-4. The bill is now awaiting the governor’s signature. Four Republican lawmakers voted against the bill. Previously eight senators had voted against the bill in April 2019, but four of them supported the current version of the bill.
Support for the Law
Health advocates including those from the Campaign for Tobacco-Free Kids praised the legislation. Altria Client Services, Inc., which makes Marlboro cigarettes and other tobacco products and Juul Labs Inc., which produces e-cigarettes that make up 70% of all U.S. sales for these products also supported the law. These companies had previously opposed the bill but altered their stance after changes were made to the bill. More support was given to the bill once the exception for members of the armed services was established.
Support was also made for the law because of the high costs involved in treating individuals who develop lung cancer and other respiratory issues due to smoking and using other tobacco products. About 20 years ago, Texas sued Big Tobacco to recover Medicaid costs expended to treat people with health conditions stemming from tobacco use. Since then, tobacco lobbyists were able to advance laws in Texas that prevent Texas residents from suing the manufacturers of “natural” products with known health risks, which included cigarettes and other tobacco products.
Opposition to the Bill
Owners of Texas shops that sell vape devices opposed the bill. A representative of the Smoke Free Alternatives Trade Association lobbied to get legislators to add a provision to the bill that would prohibit local governments from setting additional limits on the sales of e-cigarettes, but his attempt failed.
