# Can Congress regulate underage tobacco sales? **URL:** \ **Category:** Factual Questions\ **Created:** [August 25, 2007, 8:21pm UTC](https://boards.straightdope.com/t/can-congress-regulate-underage-tobacco-sales/416919 "2007-08-25T20:21:02Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [August 25, 2007, 8:21pm UTC](https://boards.straightdope.com/t/can-congress-regulate-underage-tobacco-sales/416919/1 "2007-08-25T20:21:02Z")
This week we got an email from head office reminding us of our company tobacco policies and a sheet that everyone has to sign acknowledging we read them. In the message from our regional VP she claims that “Congress is considering legislation that will revoke a store’s licence to sell tobacco for a first offence if they’re caught selling to a minor” :dubious: . I think that’s utter bullshit (not that somebody submitted a bill to to that, that Congress even has the power to do so). Except for federal taxes and customs tobacco sales are regulated by the state, right? The states issue retail licences and only the states can take them away. That’s why the purchase age is 19 in some states (and why if one wanted to they could lower it to 8). Or is there a bill that would deny states federal highway funds if they don’t change their tobacco laws? ---
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [August 25, 2007, 8:46pm UTC](https://boards.straightdope.com/t/can-congress-regulate-underage-tobacco-sales/416919/2 "2007-08-25T20:46:52Z")
IANAL but it sounds like bullshit to me. The state is still the primary form of government in the U.S. and I have no idea how Congress could design some overreaching law that applies to gas stations and conveniences stores everywhere. As you noted, such tactics are usually indirect like withholding highway funds but that was an underhanded way to raise the drinking age nationally and the logic could not be used for tobacco. I don’t see how that could work at all. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [August 25, 2007, 10:03pm UTC](https://boards.straightdope.com/t/can-congress-regulate-underage-tobacco-sales/416919/3 "2007-08-25T22:03:33Z")
I give you [S. 625](http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.00625:) , which was passed by Senate Committee on August 1. As I read the legislation, it does not require that a store’s license to sell tobacco products be revoked on a first violation, but it does state that, “The Secretary [of Health and Human Services] may by regulation require restrictions on the sale and distribution of a tobacco product, including restrictions on the access to, and the advertising and promotion of, the tobacco product, if the Secretary determines that such regulation would be appropriate for the protection of the public health.” ---
**Author:** ![Boozahol\_Squid\_P.I](https://avatars.discourse-cdn.com/v4/letter/b/d9b06d/32.png) [@Boozahol\_Squid\_P.I](https://boards.straightdope.com/u/Boozahol_Squid_P.I)\ **Post date:** [August 25, 2007, 11:38pm UTC](https://boards.straightdope.com/t/can-congress-regulate-underage-tobacco-sales/416919/4 "2007-08-25T23:38:02Z")
I may be completely off base here, but I’m under the impression that as long as tobacco is grown, processed and sold\* in different states, Congress may regulate and restrict its sale. \*insert obligatory Lloyd Dobler joke here ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [August 26, 2007, 12:42am UTC](https://boards.straightdope.com/t/can-congress-regulate-underage-tobacco-sales/416919/5 "2007-08-26T00:42:59Z")
[QUOTE=alphaboi867] This week we got an email from head office reminding us of our company tobacco policies and a sheet that everyone has to sign acknowledging we read them. In the message from our regional VP she claims that “Congress is considering legislation that will revoke a store’s licence to sell tobacco for a first offence if they’re caught selling to a minor” :dubious: . I think that’s utter bullshit (not that somebody submitted a bill to to that, that Congress even has the power to do so). Except for federal taxes and customs tobacco sales are regulated by the state, right? The states issue retail licences and only the states can take them away. That’s why the purchase age is 19 in some states (and why if one wanted to they could lower it to 8). Or is there a bill that would deny states federal highway funds if they don’t change their tobacco laws? [/QUOTE] I agree with you that Congress SHOULDN’T have the power to regulate tobacco, but they most certainly would. They can regulate or outlaw any other drug under the guise of controlling interstate commerce, so I don’t see why the Supremes would step in and stop them in regards to tobacco. ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [August 26, 2007, 12:53am UTC](https://boards.straightdope.com/t/can-congress-regulate-underage-tobacco-sales/416919/6 "2007-08-26T00:53:33Z")
Tobacco is no different from Marijuana. Congress can regulate the sale, manufacture, and/or use of it in any way it desires. ---
**Author:** ![anson2995](https://avatars.discourse-cdn.com/v4/letter/a/c77e96/32.png) [@anson2995](https://boards.straightdope.com/u/anson2995)\ **Post date:** [August 26, 2007, 1:10am UTC](https://boards.straightdope.com/t/can-congress-regulate-underage-tobacco-sales/416919/7 "2007-08-26T01:10:34Z")
So I’d like to raise the question of constitutionality. Wouldn’t a federal age limit be a violation of the equal protection clause of the 14th Amendment? Aren’t all age-restrictions? ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [August 26, 2007, 1:23am UTC](https://boards.straightdope.com/t/can-congress-regulate-underage-tobacco-sales/416919/8 "2007-08-26T01:23:59Z")
[QUOTE=anson2995] So I’d like to raise the question of constitutionality. Wouldn’t a federal age limit be a violation of the equal protection clause of the 14th Amendment? Aren’t all age-restrictions? [/QUOTE] No. It’s been long established that minors don’t have the same rights or privileges that adults do. I guess when I was 16 and was grounded, I could have had my Dad arrested for false imprisonment.. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 26, 2007, 1:48am UTC](https://boards.straightdope.com/t/can-congress-regulate-underage-tobacco-sales/416919/9 "2007-08-26T01:48:36Z")
> [@](#): > > HHS’ Substance Abuse and Mental Health > Services Administration (SAMHSA) is responsible for promulgating > regulations and overseeing states’ compliance with the Synar > requirements. Synar and its regulation require states and territories to > have and enforce laws that prohibit tobacco sales to minors, conduct > random inspections of tobacco retail or distribution outlets5 to estimate > the level of compliance with Synar requirements, and report the results of > these efforts to the Secretary of HHS. In 1996, the Food and Drug > Administration (FDA) also began regulating the sale and distribution of > tobacco products to individuals under the age of 18. Under the FDA > regulation, the sale of tobacco products to minors was a violation of > federal law that, unlike Synar, carried a civil monetary penalty against > retailers. However, in March 2000 the U.S. Supreme Court ruled that FDA > does not have the authority to regulate tobacco products as customarily > marketed, and the program was discontinued. The Synar amendment and > regulation are therefore the only federal requirements directed toward the > goal of prohibiting the sale and distribution of tobacco products to minors > and thereby reducing tobacco use by children and adolescents. > **[gao-02-74.pdf](https://www.gao.gov/assets/gao-02-74.pdf)** > > 385.57 KB > [@](#): > > According to current federal law, states are required to curtail the illegal sale of tobacco to minors in order to be eligible for block grants from the Department of Health and Human Services. > **[error](https://www.massgeneral.org/pubaffairs/releases/oct_97_tobacco_sales_to_minors.htm)** ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 26, 2007, 1:59am UTC](https://boards.straightdope.com/t/can-congress-regulate-underage-tobacco-sales/416919/10 "2007-08-26T01:59:36Z")
Here’s the statute: > [@](#): > > § 300x–26. State law regarding sale of tobacco products to individuals under age of 18 > (a) Relevant law > (1) In general > Subject to paragraph (2), for fiscal year 1994 and subsequent fiscal years, **the Secretary may make a grant under section 300x–21 of this title only if the State involved has in effect a law providing that it is unlawful for any manufacturer, retailer, or distributor of tobacco products to sell or distribute any such product to any individual under the age of 18.** (2) Delayed applicability for certain States > In the case of a State whose legislature does not convene a regular session in fiscal year 1993, and in the case of a State whose legislature does not convene a regular session in fiscal year 1994, the requirement described in paragraph (1) as a condition of a receipt of a grant under section 300x–21 of this title shall apply only for fiscal year 1995 and subsequent fiscal years. > (b) Enforcement > (1) In general > For the first applicable fiscal year and for subsequent fiscal years, a funding agreement for a grant under section 300x–21 of this title is that the State involved will enforce the law described in subsection (a) of this section in a manner that can reasonably be expected to reduce the extent to which tobacco products are available to individuals under the age of 18. > (2) Activities and reports regarding enforcement > For the first applicable fiscal year and for subsequent fiscal years, a funding agreement for a grant under section 300x–21 of this title is that the State involved will— > (A) annually conduct random, unannounced inspections to ensure compliance with the law described in subsection (a) of this section; and > (B) annually submit to the Secretary a report describing— > (i) the activities carried out by the State to enforce such law during the fiscal year preceding the fiscal year for which the State is seeking the grant; > (ii) the extent of success the State has achieved in reducing the availability of tobacco products to individuals under the age of 18; and > (iii) the strategies to be utilized by the State for enforcing such law during the fiscal year for which the grant is sought. > (c) Noncompliance of State > Before making a grant under section 300x–21 of this title to a State for the first applicable fiscal year or any subsequent fiscal year, the Secretary shall make a determination of whether the State has maintained compliance with subsections (a) and (b) of this section. If, after notice to the State and an opportunity for a hearing, the Secretary determines that the State is not in compliance with such subsections, the Secretary shall reduce the amount of the allotment under such section for the State for the fiscal year involved by an amount equal to— > (1) in the case of the first applicable fiscal year, 10 percent of the amount determined under section 300x–33 of this title for the State for the fiscal year; > (2) in the case of the first fiscal year following such applicable fiscal year, 20 percent of the amount determined under section 300x–33 of this title for the State for the fiscal year; > (3) in the case of the second such fiscal year, 30 percent of the amount determined under section 300x–33 of this title for the State for the fiscal year; and > (4) in the case of the third such fiscal year or any subsequent fiscal year, 40 percent of the amount determined under section 300x–33 of this title for the State for the fiscal year. > (d) “First applicable fiscal year” defined > For purposes of this section, the term “first applicable fiscal year” means— > (1) fiscal year 1995, in the case of any State described in subsection (a)(2) of this section; and > (2) fiscal year 1994, in the case of any other State. (Emphasis added.) [http://www.law.cornell.edu/uscode/html/uscode42/usc\_sec\_42\_00000300---x026-.html](http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000300---x026-.html)