S. 1541Senate116th Congress (2019-2021)In Committee

Tobacco-Free Youth Act

Introduced May 20, 2019

AI-Generated Summary

Updated April 14, 2026 at 5:19 AM UTC

The Tobacco‑Free Youth Act raises the minimum legal age for purchasing any tobacco product from 18 to 21 years nationwide. It amends the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act to make it unlawful for retailers to sell tobacco to anyone under 21, and directs the Health and Human Services Secretary to update related regulations within 180 days. The bill also confirms that states and localities may keep or adopt stricter age limits.

Key Provisions

  • Sets the federal minimum age for sale of tobacco products at 21 years.
  • Amends the Public Health Service Act and FDA regulations to reflect the new age requirement.
  • Requires the HHS Secretary to revise FDA regulations within 180 days of enactment to enforce the change.
  • Specifies that the law does not prevent states or local governments from enforcing higher age limits.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S2964-2967; text: CR S2967)

May 20, 2019

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SenateIntro Referral

Introduced in Senate

May 20, 2019

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S2964-2967; text: CR S2967)

May 20, 2019

Floor Debate

4 members

What members said about S. 1541 on the floor

1 Republican3 Democrats
Mitch McConnell
Sen. Mitch McConnellR-KY · May 20, 2019

Mr. President, today, I am introducing Federal legislation to make 21 the new minimum age for purchasing any tobacco product anywhere in the United States. Let me say that again--a new age nationwide…

Mitch McConnell
Sen. Mitch McConnellR-KY · May 20, 2019

Mr. President, today, I am introducing Federal legislation to make 21 the new minimum age for purchasing any tobacco product anywhere in the United States. Let me say that again--a new age nationwide…

Tim Kaine
Sen. Tim KaineD-VA · May 20, 2019

Mr. President, I rise to support the words of my colleague, Leader McConnell, and to thank him for working on this important piece of legislation, the Tobacco-Free Youth Act. I will offer some…

Tim Kaine
Sen. Tim KaineD-VA · May 20, 2019

Mr. President, I rise to support the words of my colleague, Leader McConnell, and to thank him for working on this important piece of legislation, the Tobacco-Free Youth Act. I will offer some…

Mitch McConnell
Sen. Mitch McConnellR-KY · May 22, 2019

Madam President, on Monday, I introduced legislation to raise the national minimum age for purchasing tobacco products from 18 to 21. I walked through the long history of our Nation's complicated…

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Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 20, 2019

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Charles E. Schumer
Sen. Charles E. SchumerD-NY · May 20, 2019

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued May 20, 2019

II

116th CONGRESS

1st Session

S. 1541

IN THE SENATE OF THE UNITED STATES

May 20, 2019

Mr. McConnell (for himself and Mr. Kaine) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To increase the minimum age for sale of tobacco products to 21.

1.

Short title

This Act may be cited as the Tobacco-Free Youth Act.

2.

Minimum age of sale of tobacco products

(a)

Establishing minimum age of 21 for sale of tobacco products

Section 1926 of the Public Health Service Act (42 U.S.C. 300x–26) is amended—

(1)

in the section heading, by striking age of 18 and inserting age of 21;

(2)

by striking age of 18 each place such phrase appears and inserting age of 21;

(3)

in subsection (a)—

(A)

in paragraph (1), by striking fiscal year 1994 and inserting fiscal year 2021; and

(B)

in paragraph (2)—

(i)

by striking fiscal year 1993 and inserting fiscal year 2020;

(ii)

by striking fiscal year 1994 and inserting fiscal year 2021; and

(iii)

by striking fiscal year 1995 and inserting fiscal year 2022; and

(4)

in subsection (d)—

(A)

in paragraph (1), by striking 1995 and inserting 2022;

(B)

in paragraph (2)—

(i)

by striking 1994 and inserting 2021; and

(ii)

by striking the period and inserting ; and;

(C)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly;

(D)

by striking this section, the term and inserting “this section—

(1)

the term

; and

(E)

by adding at the end the following:

(2)

the term tobacco product has the meaning given such term in section 201(rr) of the Federal Food, Drug, and Cosmetic Act.

.

(b)

FDA

(1)

In general

Section 906(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)) is amended—

(A)

in paragraph (3)(A)(ii), by striking 18 years and inserting 21 years; and

(B)

by adding at the end the following:

(5)

Minimum age of sale

It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age, consistent with section 1140.14 of title 21, Code of Federal Regulations (or any successor regulations).

.

(2)

Regulations

Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall update regulations issued under chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387 et seq.) as appropriate to carry out the amendments made by paragraph (1).

(c)

Non-Preemption

Nothing in the amendments made by subsection (a) or (b) shall be construed to prevent a State or local governmental entity from establishing, enforcing, or maintaining a law with respect to sales of tobacco products to individuals below a minimum age, provided that such State or local law is in addition to, or more stringent than, Federal law.