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State governments are taking new steps to prevent underage access to tobacco products. This comes at a time when federal data shows positive news: high school and middle school students are using these products at the lowest levels seen this century.
There’s no denying that thoughtful legislation can be a powerful driver in reducing youth use. Congressional action in 2019 to raise the minimum legal age to purchase nicotine products from 18 to 21 contributed significantly to the historic decline in youth usage we’re seeing today. States that have followed suit with their own Tobacco 21 laws are helping to further this progress.
However, many state and local governments have also implemented well-intentioned measures—such as flavor bans, pharmacy restrictions, and other limitations—to curb underage access and appeal. While these efforts aim to protect youth, they’ve resulted in a fragmented patchwork of regulations that are difficult for retailers, manufacturers, and other stakeholders to navigate. These inconsistencies have led to serious unintended consequences, including the rise of illicit trade, loss of state tax revenue, and—most concerningly—minimal impact on youth use. In fact, studies have shown that certain localized restrictions inadvertently led to an increase in youth cigarette use, which remained more readily available.
“Our stance is firm—no one under 21 should be using nicotine products,” said J.B. Simko, U.S. Chief Underage Prevention Officer at Philip Morris International’s U.S. Businesses (PMI U.S.), maker of ZYN nicotine pouches. “We’re working to raise awareness about our own commitments and actions on these issues, while also emphasizing that this is a shared responsibility. Many others have a role to play.
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Simko emphasized the need for a multi-level approach involving manufacturers, regulators, and customer-facing retailers. “More than 70% of money spent on tobacco products at retail still goes toward combustible cigarettes,” he noted. “Quitting smoking altogether is the best choice, but many adults continue to smoke each year. Better alternatives are available, but adult consumers aren’t receiving clear and consistent information about these smoke-free products.”
“We can do both: allow adults who smoke to access the products they deserve and prevent underage access,” Simko said. “Across the country, our retail partners are doing critical work to achieve this. We support them by providing age-verification training materials, educational resources, and clear 21+ signage.”
To further support retailers, PMI U.S. connects them with third-party tools like TruAge®, a technology that enhances age verification and helps detect fake IDs.
Responsible marketing is another key pillar of PMI U.S.’s approach. The company does not use models under the age of 35 in its advertising, refrains from paying social media influencers to endorse their products, and employs independent age verification for its branded websites.
Despite these efforts, PMI U.S. remains concerned that misdirected, patchwork legislation and blanket bans could fuel the rise of illicit tobacco and nicotine products—especially given the limited availability of FDA-authorized alternatives.
“The surge of illicit products exposes communities to untested and potentially harmful products,” Simko said. “These products are sold through channels that deliberately bypass age verification, product regulations, and taxation.”
Simko concluded by reiterating that blanket bans and flavor restrictions are not effective solutions. “We’ve seen that sweeping bans don’t work,” he said. “Instead, we urge state officials to encourage the FDA to prioritize timely authorization of smoke-free alternatives so responsible retailers can offer regulated products that meet adult consumer demand.”
PMI U.S. continues to advocate for strong federal oversight. “We support strong federal oversight because it creates consistency and clarity,” Simko said. “We believe the FDA’s regulatory process is the most effective path forward—for public health and for preventing underage access.”