Coming in Hot

If you currently reside in the US, you probably are feeling the recent heat. While we were all distracted with the heat, inflation, and the current state of the world, some things changed. For example, did you know that the Federal Food, Drug, and Cosmetic Act (FFDCA) was amended in 2019 such that effective immediately it is no longer legal to sell tobacco products to persons under the age of 21? That's right - what was once accessible to 18+ year old people is now 21+. So now, all of the teens who are addicted to the "forbidden thumb drives" will have to get their nicotine products off the streets with their alcohol, we guess. And no, there was no special exception for those who are under 21 in the armed forces nor any other government workers.

Let's take a big step back and start with FFDCA. What was the original purpose of FFDCA? The FFDCA was originally passed in 1938 to give authority to the Food and Drug Administration (FDA) to oversee food, drugs, medical devices, and cosmetics. As technology and potential dangers have changed, as has the FFDCA. For example, it was modified in 1968 to include electronic product radiation. The introduction of the FFDCA was influenced by the deaths of 100+ patients who were exposed to an elixir marketed as a medicine that was ultimately toxic.

Which brings us to the next question: why is nicotine such a big deal? Well, nicotine is an alkaloid that is produced by plants in the nightshade family, most noticeably in tobacco. The nightshade family of plants are known for production of alkaloids, which are typically, well, poisonous. For example, belladonna (aka deadly nightshade) was used as a poison and is common enough to be used as a plot item in some mystery films and books. Fun fact - tomatoes and most peppers are in this family of plants as well, which is why not every part of these plants is edible.

So why is nicotine so bad? While it's supposed to be an antiherbivore chemical, it is highly addictive when not used in a slow-release form. It is also known to cause birth defects in some animal species (humans included), and while it is not considered a carcinogen, it is considered a teratogen (substances that impact physiology). Teratogens can have serious negative impacts on developing young, which is probably why all of the labels for tobacco products do not recommend smoking while pregnant.

What does enforcement for this policy look like? Well, for government workers, regardless of residency this rule was effective immediately. The FDA's enforcement across the board, however, has been much slower. There has been a bit of a transition that varies state to state, but since it's been more than a year since the change was made, the FDA now expects retailers to verify the age of anyone under 27 and has also tested compliance using persons under 21 in inspections.