Tobacco 21

21 means 21, no matter what

The federal law on tobacco sales is clear: it's illegal to sell tobacco products to anyone under the age of 21. How does that impact retailers and people who purchase tobacco in Wisconsin? It's simple: 21 means 21, no matter what. Everywhere tobacco is sold, retailers are checking customers' IDs to verify their age.

Raising the minimum age for tobacco sales to 21 helps reduce tobacco use among young people. That's important because tobacco use remains the leading cause of preventable deaths in the U.S.—and nearly 95% of adult smokers say they started using tobacco before 21. You can do your part for a healthier Wisconsin just by following the federal law.

What you should know

• Tobacco 21 went into immediate effect in December 2019 when President Donald Trump signed it into federal law.
• The federal law applies to all retailers in the U.S., including all states, U.S. territories, and Tribal jurisdictions.
• Tobacco 21 applies to all purchasers in the U.S., too. There are no phase-in options or exemptions for specific populations (like 18- to 20-year-olds or excluding military service members).

Which products are impacted by Tobacco 21?

The law applies to the sale of all tobacco products. The shape, size, or delivery method doesn't matter. If it contains tobacco or nicotine, the product cannot be sold to anyone under 21, no matter what. This includes:

• Electronic nicotine delivery systems, including e-cigarettes, vapes, and e-liquids
• Cigarettes
• Cigars
• Pipe and hookah tobacco
• Smokeless tobacco like dip, snus, and chew

The Tobacco 21 Law does not apply to FDA-approved treatments that help people stop using tobacco and nicotine, including nicotine replacement therapies (NRT). NRT products like patches, gum, and lozenges can be sold to customers age 18 and older.

What retailers need to know

Wisconsin's tobacco retailers play a vital role in making sure both employees and customers follow the federal law. You can help everyone understand what Tobacco 21 means for them, just by reminding coworkers and customers that "21 means 21, no matter what." You can also help people around you follow the law. How?

• Let customers know that your store checks IDs and doesn't sell tobacco products to anyone under 21. There are lots of free resources for retailers that can help.
• Ensure employees follow the Food and Drug Administration (FDA) guidelines for checking customers' IDs to very their age. Provide free WITobaccoCheck.org training on responsible tobacco sales.
• The Wisconsin Department of Health Services, Division of Public Health thanks retailers for following the federal Tobacco 21 sales law. This letter from the state health officer is available in multiple languages.
  • Letter in English (PDF)
  • Letter in Arabic (PDF)
  • Letter in Hindi (PDF)
  • Letter in Hmong (PDF)
  • Letter in Somali (PDF)
  • Letter in Spanish (PDF).

Train your employees for free

Businesses and employees can pay the price when tobacco products get sold to people under age 21. But there's a simple way to avoid costly license suspensions and fines.

At WiTobaccoCheck.org, your employees can get trained with a state-approved online tool for learning tobacco sales laws. It's fast, easy, and free.

Get free training

Selling tobacco? Verify they're 21.

It only takes a moment to verify a customer's age. Ask them for a valid photo ID, which usually means a Wisconsin driver's license or state ID that hasn't expired. Be extra cautious when checking a vertical ID. If the ID is vertical, it's likely they're not 21 since IDs tend to be horizontal once a person turns 21. Once you have a customer's ID, you can follow the law in four simple steps.

Step 1: Hold up their ID.

Some IDs look different than others. Wisconsin designs its driver's licenses and state IDs to reflect a person's age. People under age 21 are issued a vertical (top-to-bottom) ID, while those 21 and older receive a horizontal (left-to-right) card. Because some Wisconsinites may still carry an unexpired vertical ID after they turn 21, it's important to check vertical IDs carefully.

Step 2: Look at their birth date.

It's not always where you'd expect. On a Wisconsin driver's license or state ID, look for the date under the person's photo.

Step 3: Locate or calculate the date they turn 21.

Some IDs identify when people turn 21. Some don't. You can use the Food and Drug Administration's (FDA) Age Verification Calendar or mobile app, downloadable from The App Store or Google Play, to quickly calculate a customer's age. No calendar or calculator app? Take their birth year and add 20. Then add one more. (Jan 3, 1984+20+1=Jan 3, 2005.) This is their 21st birth date.

Step 4: Is their 21st birth date in the future?

If your customer's 21st birthday occurs after the current date, they'll have to wait. Don't make the sale and let them know it's illegal to sell tobacco products to anyone under age 21.

Order free Tobacco 21 materials

Request these updated materials designed to assist tobacco retailers to follow the federal Tobacco 21 sales law.

Please note: Some pieces are download only; others are printed and will be shipped to you.

• Cost: None, no handling fees
• Firm quantity limit: None
• Estimated arrival: 10 days from placing your order

Order materials shipped to you

ID check reference cards

Handy reference tool to help clerks and cashiers accurately check ID cards. Printed on sturdy card stock.

Fits in #10 business envelope for easy mailing, two-sided

Will ship printed reference cards in English only. To order, follow instructions above.

Reference cards in Spanish, Arabic, Hmong, Somali, and Hindi are only available for download

Download reference card

Campaign buttons

Campaign-style buttons in English with safety pin clasp for clerks and cashiers to wear on their lapels, vests, or shirts.

3 inch diameter

Will ship. To order, follow instructions above.

View campaign button in detail

Birthdate signs

Simple sign to help cashiers, clerks, and customers easily know who is old enough to buy tobacco. Main message says “To purchase tobacco or vapes, a person must be 21 years old born on or before today’s date in___” Fill in the blank with the current year minus 21.

11 inches wide, 8.5 inches tall

Download only

English

Download birthdate sign

Vinyl window clings

Informative vinyl cling that sticks to the insides of windows for customers to see as they enter. Main message says “21 Means 21, No Matter What.”

6.75 inches wide, 4.5 inches tall, sticks without adhesive for easy and clean removal

Will ship. To order, follow instructions above.

English, Spanish

View window cling in detail

Small horizontal posters

Horizontal poster that lets customers know their ID will be checked. Printed on poster paper. Main message says “21 Means 21, No Matter What.” Also works well as a counter mat when placed in a plastic sleeve.

11 inches wide, 8.5 inches tall

Will ship. To order, follow instructions above.

English, Spanish

View small poster in detail

Large vertical posters

Vertical poster that lets customers know their ID will be checked. Printed on poster paper. Main message says “21 Means 21, No Matter What.”

17 inches tall, 11 inches wide

Will ship. To order, follow instructions above

English, Spanish

View large poster in detail

 Questions about ordering T21 materials?

Email Nancy Michaud, Youth Access Prevention Coordinator, at the Wisconsin Commercial Tobacco Prevention and Treatment Program: Nancy.Michaud@dhs.wisconsin.gov

Digital age verification calendars and app

You can order the Age Verification Calendar for free from the FDA. It is a digital, programmable age verification calendar for retailers to help determine if a customer is old enough to legally purchase tobacco products. Available in English and Spanish.

You can also download the FDA age calculator app on The App Store or Google Play

 Get free help to quit commercial tobacco and nicotine

The word "tobacco" on this page refers to commercial tobacco, not traditional Native American tobacco.

Traditional tobacco: a sacred medicine for healing; offerings to the Creator; and spiritual gifts to express gratitude, show respect, and ask for prayers or advice. Commercial tobacco ("tobacco"): a corruption of traditional tobacco into dangerous recreational commodities like cigarettes, vapes, and chewing tobacco.