What Does Big Tobacco Really Hate? Hint: It's NOT Tobacco 21 Laws

Clearly, Big Tobacco (including the quisling JUUL Labs who sold out to them) does NOT oppose raising the age limit for tobacco and vaping products to 21.  In fact, they now openly support Tobacco 21 laws, including the latest attempt at the federal level.  It appears to be a cowardly, treacherous Trojan horse to scuttle and pre-empt any laws that they oppose.

But what laws and regulations DO they really, really vehemently oppose these days?  That is the real question here and the answer is:

• Higher tobacco taxes of any kind, especially on cigarettes but also on other tobacco and vaping products as well.
• Flavor bans of any kind, whether menthol cigarettes, flavored cigars, or fruity and candy flavors for vape products.

And it is very telling indeed that they oppose those laws so vehemently.  Additionally, as far as age limits go, they also historically have preferred purchase-use-possession (PUP) laws over sales-to-underage (STU) laws, since the former put the onus on young smokers/vapers themselves while the latter put the onus on vendors, and Big Tobacco really HATES the latter even if they pay lip service to it. This has been true with an age limit of 18, and probably will still be their quasi-official stance under an age limit of 21.

Given what we know about what Big Tobacco likes and dislikes, it should be pretty obvious how to combat them effectively.  Don't take the Tobacco 21 bait, Congress!  Keep it 18, and enforce it better by strengthening the Synar Program for retailer compliance checks, ban kid-friendly vape flavors, consider banning menthol cigarettes, cap nicotine levels of vape products down to European and Israeli levels, phase down nicotine levels in cigarettes to a non-addictive level, and raise the taxes on tobacco products (and add a more modest vape tax too).

To sum up Big Tobacco's thought process:

• Raise cigarette or other tobacco or vape taxes?  HELL NO!
• Flavor bans?  HELL NO!
• Restrictions on nicotine content?  HELL NO! 
• Raise the age limit for tobacco and vaping products to 21?  HELL YEAH!

Remember, anything that Mitch "Awkward Turtle" McConnell (and Big Tobacco) supports has to have some sort of sinister ulterior motives.  Twenty-One Debunked opposes raising the age limit any higher than 18 on principle, regardless of why they want to do it.  But now add in this sinister Big Tobacco dimension and it only becomes all the more repugnant overall.  It truly must be opposed.

Awkward Turtle! Mitch McConnell Wants To Raise Federal Tobacco And Vaping Age To 21

In 2019, there seems to be one thing that Big Tobacco, JUUL Labs (which sold out to Big Tobacco), most anti-tobacco groups, Sen. Elizabeth Warren (D-MA) and Sen. Majority Leader Mitch "Awkward Turtle" McConnell (R-KY) can all agree on.  And that thing is a federal Tobacco 21 law that raises the sale age limit for all tobacco and vaping products to 21 nationwide.  Politics certainly does make some very strange bedfellows indeed!

This would require an act of Congress, of course, as the FDA is explictly denied (as they should be!) the authority to raise the federal age limit any higher than 18.  And unlike the drinking age where the feds had to make an end-run around the Constitution to coerce states to raise their drinking ages to 21, this time they will not have to do so and can simply set a federal age limit of 21.  They already set a federal age limit of 18 as of 2009, so that law can very easily be amended.  Crucially, this law  only applies to the age limit for sales, and only sellers are targeted and penalized (unlike the drinking age in which public possession by young people is an offense), so this is still within Congress’s authority.  

Except, of course, for the substantive due process and equal protection argument invoking the 14th Amendment, since the age limit would be higher than the age of majority, but that is a separate issue from state's rights and the 10th Amendment.  And that can potentially be challenged in court, albeit as a VERY uphill battle.

Thus, this bill is likely to pass, unfortunately.  Write your Congresscritters and convince them to oppose it.  And point out all of the other things they can do instead:

• Raise the federal cigarette tax, apply it to the producer level, and set a national price floor to discourage interstate smuggling.
• Create a federal vape products tax on all nicotine-containing vape juices and pods, ideally proportional to nicotine content.
• Ban fruity and candy flavors in any nicotine-containing product.
• Cap the nicotine content of vape products down to European and Israeli levels.
• Give out free nicotine patches, gums, inhalers, etc. to any smokers who want to quit (NYC already does this.)
• Consider gradually phasing down the maximum allowable nicotine content of combustible cigarettes to a non-addictive level.
• Consider gradually phasing out menthol cigarettes like Canada did and the EU is in the process of doing.
• And last but but not least, enforce existing laws better in terms of the current 18 age limit for tobacco and vaping products.  In fact, amend the Synar Amendment and Program to raise the passing grade for retailer compliance checks from the currently low bar of 80% to 90% and then 95%, and include vape products.  

But do NOT raise the age limit any higher than 18.

Do Tobacco 21 Laws Really Work?

One preliminary study seems to think so about California's law that raised the age limit to buy tobacco and e-cigarettes from 18 to 21 as of June 9, 2016.  But the devil is really in the details.  The study did not, I repeat, did NOT, look at actual teen smoking rates, only the degree of retailer compliance as measured by decoys, which did in fact improve since then in terms of sales to people under 18.

The two problems with this logic are 1) it is not necessary to raise the age limit to 21 to discourage retailers from selling to people under 18, as simply better enforcement against scofflaw vendors would do the trick, and 2) survey data do not really show any decrease in teen smoking that can be unambiguously linked to the policy change, whether in California or elsewhere with a Tobacco 21 law.  Teen smoking dropped nationwide from 2015 to 2017, and while it dropped somewhat faster in California, keep in mind that California also raised their cigarette tax significantly during that time, by $2.00/pack, and Pennsylvania saw an even larger drop in teen smoking despite keeping the age limit 18 and a cigarette tax hike of $1.00/pack, only half as large.

As we have noted before based on survey data for the past few years, there is really no robust correlation between a state or local smoking age (whether 18, 19, or 21) and the teen (or adult) smoking rate.  The strongest predictors of both teen and adult smoking are the tax/price of cigarettes and the prevailing social attitudes towards smoking, and in fact prices seem to have a larger effect on young people than adults.  It is practically axiomatic.  Retailer compliance is also inversely correlated with smoking by people under 18, but again it has proven to be entirely possible achieve nearly 100% compliance without raising the smoking age any higher than 18, as long as there is the political will for it.  And it doesn't even require the criminal justice system at all, since the best tobacco-control success stories involved only administrative penalties (i.e. fines and/or tobacco license suspensions) against rogue vendors.  Nor does it require criminalizing young people themselves.

If anything, if NYC is any indication, retailer compliance actually deteriorated following their age limit hike from 18 to 21 in 2014.  This was in spite of heavy crackdowns against contraband tobacco during that time.  In any case, while teen smoking rates declined in NYC following the law change, they did not drop any faster than the rest of the state or the nation as a whole, in fact they declined at a slower rate in NYC compared with the control locations, and teen vaping actually increased despite the fact that the law applied equally to e-cigarettes as well as combustible cigarettes.  If that's "success", we would really hate to see what failure looks like.

Oh, and about Chicago's supposed success, keep in mind that raising their age limit to 21 in 2016 was not the only new tobacco control law passed around that time in the Windy City.  And the cigarette taxes there also went up significantly shortly before the age limit hike to 21 as well.  Thus, there were too many variables to really tease out the effect of the Tobacco 21 law on teen and young adult smoking rates.

And in fact, this also once again calls into question how effective the 21 drinking age (and now toking age in some states) is as well.  Spoiler alert:  not very.  Thus, if there is a silver lining to the recent hike in the smoking age to 21 in some states and localities, it is that re-running this same failed social experiment with a different age-restricted psychoactive substance only to see it fail yet again in more modern times, a fortiori, is probably the strongest evidence against the very concept of such ridiculously high age limits in general.  If you give the pro-21 crowd enough rope...

We Hereby Excommunicate JUUL Labs

(Editor's Note:  Twenty-One Debunked has never been affiliated in any way, shape or form with JUUL Labs or any other vaping, tobacco, alcohol, or cannabis company.  And we never will be, either.)

Dear JUUL Labs,

Since you were founded in 2015 as a spinoff from Pax Labs, you have always presented yourselves, at least publicly, as the underdog saving the world in the fight against the evil Big Tobacco.  Little did America know that you were about to pull the wool over everyone's eyes and make fools, and then cynics, of us all.

Why do we hate thee, JUUL?  Let us count the ways:

• You loudly proclaimed yourselves as the enemy of Big Tobacco, but you began to copy their playbook awfully quickly in terms of advertising to young people and cynically attempting to implement your own "anti-vaping" progams in schools. (You claimed that was just an oversight.)
• You chose a much higher nicotine level for your products than other vape brands, by far.  That was most likely to try to edge out the competition, and it worked--at the expense of a new generation of nicotine addicts, that is.
• You lowered your nicotine content when selling in the European Union and Israel (who by law set the maximum allowable nicotine content of vape products much lower than the American version of your products), but curiously still do not offer such reduced-nicotine products in the USA, or any nicotine-free products.
• Until very recently, you failed to adequately warn users that your products contain nicotine and are addictive.  Many young people did not even know that all JUULs contain nicotine, let alone such a high level of it.
• When the FDA finally blew the whistle on you, you responded in the most cowardly way possible.  You decided to throw young adults under the bus by calling for the age limit for vaping products to be raised from 18 to 21, and you banned 18-20 year olds from your website.  And you still made no significant changes to your highly-addictive products, save for the removal of a few flavors.
• And worst of all, you literally SOLD OUT to Altria Group (aka Philip Morris), whose name is literally synonymous with Big Tobacco.  You know, the evil industry you once claimed to be fighting against?  Your deal with the devil may have made you richer and bought you some temporary protection, but everything comes with a price, and your day will come very soon.

Thus, in light of the above grievances, we hereby excommunicate you.  Here is your bell, book, and candle, you cowardly quislings.  Now go take your crack nicotine and shove it!

Say It Ain't So, Governor Cuomo! New York State To Raise Smoking/Vaping Age To 21

No, this is NOT an April Fool's Day joke.  New York State is now set to become the eighth (or ninth?) state to raise the age limit for tobacco and vaping products to 21.  The legislature passed it, and Governor Cuomo is expected to sign it.  If (really, when) he does, it will take effect in 120 days.  Which is very, very soon.

Many counties and cities in the state, including NYC and most of its "backyard", already set the age limit at 21.  That of course includes my home county of Westchester, which raised it from 18 to 21 last year.

The only silver lining is that the new age limit of 21, like the old age limit of 18, will only apply to vendors, as it will still not be illegal for "underage" people to possess or consume tobacco or vaping products.   But that still does NOT mean we should support it one bit!

With the "bookend" states of California and New York now down, plus several other populous and not-so-populous states, not to mention hundreds of localities across the country, and even our nation's capital, is our movement lost for good?  We sure hope not.  It looked like the Tobacco 21 movement had stagnated last year, but now with New York, Utah, and possibly Washington State next to jump on the bandwagon, perhaps we got too complacent last year.  It certainly does NOT bode well for any near-future attempt to lower the drinking and toking ages to 18!

Hindsight is 2020, both the year and the vision.

We Already Know How To Reduce Teen Smoking and Vaping Without Raising Age To 21--So What Are We Waiting For?

A recent study in the medical journal Pediatrics only confirms what Twenty-One Debunked has been saying all along.   That is, tougher enforcement of the minimum sales age limit of 18, directed at vendors, does in fact lead to lower smoking as well as vaping rates among teens, and these lower usage rates apparently persist even after such youth reach the legal age to buy such products.

In this study, the proxy for tougher vendor enforcement was the grade (A through F) by the American Lung Association (ALA) on the strength of the local tobacco retail licensing (TRL) laws in the jurisdictions studied.  Strong TRL laws imply more frequent retail compliance checks with decoys, since such laws require licensing fees that make the program self-funding, and fines and penalties for violations such as failed compliance checks.  This in turn would lead to higher retailer compliance rates in adhering to the age limits for sales, and thus reduced access for youth below the age limit.  The study looked at various localities in California, in January-June 2014 and again in January 2015 through June 2016, while the age limit was still 18.

Unsurprisingly, jurisdictions with a grade of A (strong) for their TRL laws indeed had much lower teen smoking and vaping prevalence rates in the surveys compared to those with grades of D or F (weak).  At the same time, the ALA grades given for other local tobacco control laws (such as smoke-free laws) in place at the time did not seem to have much if any effect on youth smoking and vaping prevalence rates, and were statistically insignificant.

Thus, even though teens can still often manage to get cigarettes and such from their older friends and relatives (i.e. social sources), the net effect of restricted retail availability to people under 18 is significantly and persistently lower youth smoking and vaping rates.  Apparently generosity has its limits, and any forbidden fruit effect (reactance theory) of the age limit itself is outweighed in practice by greatly reduced access and convenience when retail compliance rates are very high, especially for younger and/or less mobile teens.  For example, if one in five retailers is willing to sell to people under 18, that is still pretty easy to get, but if only one in 20 retailers is willing to do so, that becomes very inconvenient to acquire and sustain a habit, especially in towns with only a few retail outlets.  Remember, a license to sell temptation goods like cigarettes and alcohol is practically a license to print money, and retailers would not want to jeopardize that by breaking the law when the law is strictly enforced with swift and certain sanctions for violations.

And while cigarette taxes were not studied here, since there would not have been within-state local variation in taxes, one should note that an older landmark study found that the two most important predictors of teen smoking rates over time (inversely) were 1) tax/price, and 2) retailer compliance rates.  This was particularly true for daily smoking rates.

Such results dovetail nicely with those of the famous studies of Woodridge, IL and Leominster, MA, in the 1990s that found that sustained tougher enforcement directed at vendors greatly reduces youth smoking rates without having to raise the age limit any higher than 18, and without having to involve the criminal justice system at all.  Now if only such logic would be applied to alcohol and cannabis as well.

And lest anyone claim that this would not apply to alcohol with a drinking age of 18, keep in mind that this is precisely what happened in the UK with both alcohol and tobacco upon implementing increased retail enforcement combined with higher tax rates on both substances.  So what are we waiting for?

To Governor Cuomo: Do NOT Raise Smoking Age to 21!

Dear Governor Cuomo,

First, we at Twenty-One Debunked, and I personally as a New Yorker, would like to thank you for supporting cannabis legalization, albeit with some nuance.  We also would like to thank you for standing up to Trump whenever possible thus far.

That said, we at Twenty-One Debunked simply cannot get behind your recent proposal to raise the age limit for tobacco and vaping devices from 18 to 21.  We believe it is an unnecessarily ageist policy to set the age limit any higher than the current age of majority, which is 18 in New York.  Thus, first and foremost, we oppose such a policy on principle--just as we feel the same way about the drinking age and the soon to be legal toking age as well.

And while there are already several counties, including NYC and its entire "backyard", such as Westchester County where I live, that have raised the smoking and vaping age to 21, there is really no hard evidence that it reduces youth smoking rates compared to keeping it 18.  The same goes for other states and localities that have raised their age limits in recent years.  In fact, to the extent that it makes vaping devices harder for 18-20 year olds to get, it could easily steer current vapers back to smoking, which would clearly not be good for public health.

So what can be done instead to further reduce already low and falling smoking rates for both youth and adults?

• Tobacco taxes can of course be hiked further, though in New York they are already the highest in the nation, and even higher still in NYC.  And there is already quite a black market for contraband cigarettes now.  
• The current age limit of 18 can of course be more vigorously enforced, as there is still room for improvement in terms of retailer compliance rates.
• Limit and reduce the number and density of outlets that sell tobacco products (for example, your plan to ban tobacco sales in pharmacies).
• Build on NYC's already successful smoking cessation program, with free nicotine patches and gum available for all smokers who wish to quit.
• Advertising restrictions to the greatest extent that the US Constitution will allow.
• Counter-advertising, such as the Truth campaign, has been shown to work wonders in other states like Florida and California.
• Consider phasing down the maximum allowable nicotine content of cigarettes to a non-addictive level.
• For e-cigarettes, cap the nicotine content of vape products down to European and Israeli levels (JUUL, we're looking at YOU).

Thus, we ask that you please reconsider your support for the 21 age limit for tobacco and vaping, and we hope you will realize that keeping it 18 is the right thing to do.

Sincerely,
Ajax the Great, Twenty-One Debunked

Smoking Tobacco May Actually Be Eradicated By 2030

Well, in the UK at least, particularly in England, according to a new report.  The British currently have the second lowest smoking rate in Europe after Sweden, and only slightly higher than the USA, and rapidly falling for the past several years.  And if current trends of the past five years continue, smoking rates will drop below 5% of the adult population (what researchers define as a "smoke-free" country) by 2030.  Given that nearly half of British adults smoked in the early 1970s, this is no small feat.

And the real kicker?  This is all happening without raising the smoking age to 21, as it is currently 18 (just like their drinking age) with no plans to hike it any further.  The Tobacco 21 fever currently sweeping the USA by storm simply hasn't caught on over on the other side of the Atlantic.  And unlike in the USA, there is no moral panic over vaping either.  If anything, Public Health England encourages current smokers to switch to vaping to help them quit.  These kinds of ageist American-style moral panics, with very few exceptions, are really quite foreign to them.

And come to think of it, after an initial boom in e-cigarettes for a few years, even vaping is now on the decline as well.   It appears that's what happens when you don't turn something like that into a media circus / moral panic / deviancy amplification spiral.

It is things like this that almost make us wish that Britain, our mother country, would just revoke America's hard-won (but subsequently squandered) independence.  (Tongue firmly in cheek, of course.)

Guess Who Now Openly Supports Tobacco 21 Laws? Go On, Guess...

Tobacco 21 laws, or laws that raise the age limit to buy tobacco products to 21, are unfortunately gaining popularity as a sort of "feel good" measure despite the relative dearth of evidence backing them up.  Well, now we can add a new name to the list of supporters:  Philip Morris Altria Group.  That's right, a company whose former name is literally synonymous with Big Tobacco now supports, whether grudgingly or otherwise, a smoking age of 21 (even at the federal level) despite at least feigning opposition just a few years ago followed by awkward silence on the topic.

So why the sudden turnaround?  Probably a cynical combination of public relations as well as the realization that raising the smoking age to 21 (compared to 18) in several states and localities did NOT really end up hurting their bottom lines after all.  And even more cynically, they can perhaps now leverage the arguably enhanced forbidden fruit effect to their own benefit, all while patting themselves on the back for their "corporate social responsibility".

(RALPH!)

You know, kinda like they did all along (to one degree or another) when the age limit was 18, and like the alcohol industry has done with the 21 drinking age.  Put up a public fight at first, take a dive, stay quiet for a few years, then publicly support the new laws while leveraging them (and simultaneously fighting against higher taxes or any new regulations).  Quislings.

Thus, it is safe to say that our cynicism is now fully maxed out.  And that really says something indeed.

The Latest Moral Panic: Juuling in the Classroom

Those who are old enough to remember the 1973 song "Smokin' in the Boys' Room" by Brownsville Station (and/or it's 1985 Motley Crue cover version) would certainly remember that there was a whole lot of actual smoking going on in school or at least on school grounds back then.  Since then, in part because of the declining popularity of tobacco in general and in part due to today's stricter rules and laws governing smoking in and around schools, such conduct has declined considerably.

But now, there seems to be a new moral panic du jour taking hold lately:  Juuling.  What's that, you ask?  Well, JUUL is a fairly new brand of e-cigarette (vaping device) that was first launched in 2015 and really took off in 2017 in terms of popularity.  As for why it is so popular, it probably has something to do with the appealing fruity flavors and the fact that it is very easy to conceal since it literally looks just like a USB flash drive and doesn't smell like tobacco.  High school (and younger) students apparently even sometimes sneak using it in class, thus if one were to ever do an updated cover version of the aforementioned song for 2018, it might as well be called "Juuling in the Classroom".

So what should we make of all this?  First, don't panic, lest we continue to fuel a deviancy amplification spiral rather than let this fad burn out on its own.  The good news is that combustible tobacco consumption is now at a record low among young people, and still falling.  Vaping is actually rarely used by teens who have never also tried combustible cigarettes.  If anything, vaping in general (including, but not limited to, Juuling) is displacing combustible cigarettes on balance, and is significantly safer as well--perhaps even 95% safer by some estimates.  The bad news?  Vaping is, of course, not completely safe, as most vape juices (including all JUUL brand ones, even if its users don't realize it) do contain nicotine, which is highly addictive and is even a known neurotoxin, particularly for the developing early adolescent brain.  Other concerns include the relative lack of regulation as to how these things are made and what sort of contaminants may be lurking inside, but again, it still pales in comparison to the dangers of combustible tobacco cigarettes, which contain literally thousands of other nasty chemicals as well as nicotine, including many known carcinogens, mutagens, and teratogens.  So insofar as vaping displaces smoking, it is a net win for public health.

Secondly, we should note that this apparent fad exists even in states and localities where the age limit is 21 for both smoking and vaping (or at least for buying these things), including New Jersey.  Thus, raising the age limit is unlikely to solve anything in that regard compared with keeping it 18 and enforcing it on vendors the same as with combustible tobacco products.  Keep in mind that until fairly recently there was no age limit at all for vaping devices and liquids/pods in many states and localities.

And finally, there are practical ways of reducing any potential harm from all of this:

• Regulate vaping devices and juices/pods the same as combustible cigarettes (but no stricter), and require strong quality control standards and testing
• Warning labels alerting users about the fact that they contain the addictive drug nicotine
• Tax nicotine-containing vape juices/pods by weight or volume adjusted for nicotine content (but much lower than combustible cigarettes)
• Increase the number of nicotine-free vape juices, particularly for Juul brand ones which currently lacks such options 
• Consider banning or phasing out any vape juices/pods that have fruity, floral, or any other non-neutral or non-tobacco-style flavors unless they are completely nicotine-free ones
• Educate the public, especially young people, on the truth about vaping, particularly with an eye towards preventing accidental addiction to something they may not even realize contains nicotine at all
• Social norms marketing to help defuse any deviancy amplification spiral

Most importantly, we need to see the forest for the trees, and stop tilting at windmills already. 

What Really Happened After Raising the Smoking Age to 21? (Updated)

In 2014, New York City became the first major city in the USA to raise the tobacco purchase age to 21.  Prior to that, it was 18, much like the rest of the country.   The law was passed by Mayor Bloomberg at the end of 2013, and it went into effect in May 2014.

Since then, five states (California and Hawaii in 2016, New Jersey in 2017, and Maine and Oregon in 2018) and Guam (2018) have also raised it to 21 and numerous counties and towns/cities did so as well from 2013-2018, though a few localities had also done so earlier as well.  When Needham, MA did so in 2005-2008, there was much praise from the pro-21 crowd when surveys showed that teen smoking rates had dropped much faster in Needham than in its surrounding communities (which were 18) from 2006-2010.  So it is very curious indeed that no one seems to be talking about what happened anywhere else since they raised their own smoking ages to 21.

We think we know why.  At first glance, it does appear to have had some effect.  According to the CDC's Youth Risk Behavior Survey (YRBS), teen smoking rates did in fact drop from 2013 to 2015 in NYC:

2005   11.2%
2007   8.5%
2009   8.4%
2011   8.5%
2013   8.2%
2015   5.8%
2017   5.0%

Those are the percentages of combined 9-12 grade students who reported any current cigarette smoking in the past 30 days.  Looks impressive at first:  a relative 29% drop from 2013 to 2015.  But take a look at the same data for the nation as a whole, for comparison:

2005   23.0%
2007   20.0%
2009   19.5%
2011   18.1%
2013   15.7%
2015   10.8%
2017     8.8%

As you can see, the nation as a whole also saw a similar (if even faster) drop in teen smoking at the same time, with a relative 31% decrease from 2013 to 2015, despite no change in the smoking age in most places.  And the teen smoking rate in NYC was already much lower before the law change, having dropped more dramatically than the rest of the USA prior to 2007 and then remaining at a low level since.

How about San Francisco, another major city that raised its age limit to 21?

2005   10.9%
2007   8.0%
2009   10.4%
2011   10.7%
2013   7.5%
2015   5.4%
2017   4.7%

They also saw a similar size drop from 2013-2015, to the tune of 28% (vs. 29% in NYC and 31% in the USA overall).  Just one problem though.  San Francisco did not raise their smoking age until 2016, so these data show that the drop in the smoking rate happened while it was still 18, before the age limit was raised.  Thus, it would actually be part of the no-change control group, not the experimental group.  And if you include the decrease since 2011, San Francisco in fact saw more progress than NYC.  In fact, when we look at the 2017 data, we see that while the smoking rate continued to drop after San Francisco's age hike to 21 (and California's a month later), it seems to have dropped at a slower rate afterwards.

What about state-level data?  California's data from 2015 and 2017 show the following (the YRBSS has no state-level data for California before 2015 for this question):

2015  7.7%
2017  5.4%

That is a 29.9% drop, compared with an 18.6% drop for the nation as a whole for that two-year period.  But keep in mind that California also raised their cigarette tax by a whopping $2 per pack, effective April 1, 2017.  The YRBSS was taken after that, since the survey was done in the fall semester.  And cigarette taxes are well-known to reduce smoking, especially among young people, who are more price-sensitive.  Thus, California's smoking rate would have likely dropped just as fast without the age hike.

New Jersey has no post age-hike data yet.  But what about Hawaii, who raised their smoking age to 21 in early 2016 (but with no tax hike at all since 2011)?

2005   16.4%
2007   12.8%
2009   15.2%
2011   10.1%
2013   10.4%
2015   9.7%
2017   8.1%

Here we see a drop of 16.5% from 2015 to 2017, slower than the 18.6% drop for the nation as a whole.  Not very impressive.

And what about Pennsylvania, with no change in the age limit (18) but a $1 per pack cigarette tax hike in 2016, now just slightly below California's tax rate?

2009   18.4%
2015   12.9%
2017     8.7%

Here we see a drop of 32.6% (nearly a third) from 2015 to 2017, faster than the national drop of 18.6%, despite no change in the age limit and a tax hike only half the size of California's a year later.  In Philadelphia particularly it dropped by more than half, from 7.2% to 3.5% in those two years.  And the statewide drop from 2009 was likely at least partly a result of the federal cigarette tax hike that year as well.

Game. Set. Match.

Thus, we can conclude that the decrease in teen smoking in NYC and elsewhere following the hike in the purchase age was most likely NOT causally linked to it, and would most likely have occurred regardless given the above counterfactual data.  Kinda like we at Twenty-One Debunked initially predicted back in 2013 after first learning of the law change being proposed.  So if that wasn't the cause, what was?  Well, we know that nationwide, as well as in NYC, the secular trend for the past four decades (except a brief increase from 1992-1997) has been downward for both teen and adult smoking.  This was due to a general combination of education/awareness, taxation, regulation, and advertising restrictions, and the resulting cultural changes.  And in very recent years, electronic cigarettes have gained popularity as an alternative to combustible cigarettes, and in fact overtaking the latter and becoming at least twice as popular among high-schoolers by 2015.  Note that this was also true in NYC despite the 21 age limit applying to e-cigarettes as well.  And according to another CDC survey, the National Youth Tobacco Survey, the massive increase in vaping from 2011-2016 was in fact slightly outweighed by the decrease in combustible cigarette and cigar smoking, indicating a net displacement and substitution effect.

Interestingly, while the YRBSS did not ask about vaping until 2015, the data for 2015-2017 are quite instructive.  While the nation as a whole saw a modest but significant decrease in vaping from 2015 to 2017, California saw a smaller decrease than average and NYC saw a slight increase, as did Hawaii.  Likewise, Pennsylvania saw a larger than average decrease, which is not surprising given that they also significantly hiked their vape tax as well in 2016.  Though there are only two years of data, for 2017 these data are more reliable than the Monitoring the Future (MTF) survey since unlike MTF, there was no change in the question for the YRBSS.

Bottom line:  it looks like the supposed benefits of raising the smoking/vaping age to 21 were, shall we say, all smoke and mirrors.  The supposed success of Needham, MA was likely a statistical fluke and/or a result of endogeneity, much like the "early adopter" effects of the first few states to raise the drinking age to 21 creating that particular mirage in the 1980s.  Or perhaps increased enforcement in general relative to neighboring towns did the trick regardless of the age limit, like it did in Woodridge, IL and several other communities the 1990s with an age limit of 18.  Studies show that whenever vendor compliance exceeds 90-95%, there is indeed a dramatic drop in teen smoking regardless, by as much as 50% compared with previously weak enforcement and low compliance rates, especially for the youngest teens.

This all should be food for thought for policymakers debating not just the age limit for tobacco, but also for alcohol, cannabis, or anything else for that matter.  And even if such benefits of the 21 age limit were real, we at Twenty-One Debunked would still not support an age limit any higher than 18, on principle alone.  Old enough to fight and vote = old enough to drink and smoke.  'Nuff said.

New York's Backyard Will Have a Smoking Age of 21

Well, its official now.  Effective just 60 days after it was signed today, Westchester County, NY (aka my own neck of the woods!) will now have a tobacco purchase age of 21, joining NYC as well as Orange, Rockland, Nassau, and Suffolk Counties and all of New Jersey.  It applies to both combustible tobacco products as well as e-cigarettes / vaping devices.  Thus, all of "New York's Backyard" except Putnam County (and Connecticut) will have an age limit of 21.

SHAME, SHAME, SHAME!

The only silver lining is that, just like the rest of New York State (where most other counties are still 18), the so called "smoking age" is only for purchase (not possession or consumption) and is more accurately called a "sale age" in that only the vendor would actually be breaking the law (and thus punishable) in such a case.  Thus, it is a relatively "non-violent" type of age restriction law (albeit still very ageist and repugnant nonetheless) since it is a very different kind of onus.  That is not true in some other parts of the country, unfortunately, and is certainly not true with the 21 drinking age except maybe in Louisiana.  So thank God (or Nature) for such small mercies.  But still, we say to those who voted for the age limit hike:

SHAME, SHAME, SHAME!

And speaking of NYC, it is very curious indeed that no one seems to be talking about what happened in NYC since they raised their smoking age.

We think we know why.  At first glance, it does appear to have had some effect.  According to the CDC's Youth Risk Behavior Survey (YRBS), teen smoking rates did in fact drop from 2013 to 2015 in NYC:

2005   11.2%
2007   8.5%
2009   8.4%
2011   8.5%
2013   8.2%
2015   5.8%

Those are the percentages of combined 9-12 grade students who reported any current cigarette smoking in the past 30 days.  Looks impressive at first:  a relative 29% drop from 2013 to 2015.  But take a look at the same data for the nation as a whole, for comparison:

2005   23.0%
2007   20.0%
2009   19.5%
2011   18.1%
2013   15.7%
2015   10.8%

As you can see, the nation as a whole also saw a similar (if even faster) drop in teen smoking at the same time, with a relative 31% decrease from 2013 to 2015, despite no change in the smoking age in most places.  And the teen smoking rate in NYC was already much lower before the law change, having dropped more dramatically than the rest of the USA prior to 2007 and then remaining at a low level since.

How about San Francisco, another major city that raised its age limit to 21?

2005   10.9%
2007   8.0%
2009   10.4%
2011   10.7%
2013   7.5%
2015   5.4%

They also saw a similar size drop from 2013-2015, to the tune of 28% (vs. 29% in NYC and 31% in the USA overall).  Just one problem though.  San Francisco did not raise their smoking age until 2016, so these data show that the drop in the smoking rate happened while it was still 18, before the age limit was raised.  Thus, it would actually be part of the no-change control group, not the experimental group.  And if you include the decrease since 2011, San Francisco in fact saw more progress than NYC.

Thus, we can conclude that the decrease in teen smoking in NYC following the hike in the purchase age was most likely NOT causally linked to it, and would most likely have occurred regardless given the above counterfactual data.  Kinda like we at Twenty-One Debunked initially predicted back in 2013 after first learning of the law change being proposed.  So if that wasn't the cause, what was?  Well, we know that nationwide, as well as in NYC, the secular trend for the past four decades (except a brief increase from 1992-1997) has been downward for both teen and adult smoking.  This was due to a general combination of education/awareness, taxation, regulation, and advertising restrictions, and the resulting cultural changes.  And in very recent years, electronic cigarettes have gained popularity as an alternative to combustible cigarettes, and in fact overtaking the latter and becoming at least twice as popular among high-schoolers by 2015.  Note that this was also true in NYC despite the 21 age limit applying to e-cigarettes as well.

Bottom line:  it looks like the supposed benefits of raising the smoking age to 21 were, shall we say, all smoke and mirrors.  The supposed success of Needham, MA was likely a statistical fluke and/or a result of endogeneity, much like the "early adopter" effects of the first few states to raise the drinking age to 21 creating that particular mirage in the 1980s.  Or perhaps increased enforcement in general relative to neighboring towns did the trick regardless of the age limit, like it did in Woodridge, IL and several other communities the 1990s.  We doubt there would be any real benefits for Westchester County or anywhere else that adopts such a law.  And even if such benefits of the 21 age limit were real, we at Twenty-One Debunked would still never support any age limit any higher than 18, on principle alone.

Old enough to fight and vote = old enough to drink and smoke.  'Nuff said.

What Happened in NYC After Raising the Smoking Age to 21?

In 2014, New York City became the first major city in the USA to raise the tobacco purchase age to 21.  Prior to that, it was 18, much like the rest of the country.   The law was passed by Mayor Bloomberg at the end of 2013, and it went into effect in May 2014.

Since then, two states (California and Hawaii) have also raised it to 21 (both in 2016) and several counties and towns/cities as well from 2013-2017, though a few localities had also done so earlier as well.  When Needham, MA did so in 2005-2008, there was much praise from the pro-21 crowd when surveys showed that teen smoking rates had dropped much faster in Needham than in its surrounding communities (which were 18) from 2006-2010.  So it is very curious indeed that no one seems to be talking about what happened in NYC since they raised their smoking age.

We think we know why.  At first glance, it does appear to have had some effect.  According to the CDC's Youth Risk Behavior Survey (YRBS), teen smoking rates did in fact drop from 2013 to 2015 in NYC: 

2005   11.2%
2007   8.5%
2009   8.4%
2011   8.5%
2013   8.2%
2015   5.8%

Those are the percentages of combined 9-12 grade students who reported any current cigarette smoking in the past 30 days.  Looks impressive at first:  a relative 29% drop from 2013 to 2015.  But take a look at the same data for the nation as a whole, for comparison:

2005   23.0%
2007   20.0%
2009   19.5%
2011   18.1%
2013   15.7%
2015   10.8%

As you can see, the nation as a whole also saw a similar (if even faster) drop in teen smoking at the same time, with a relative 31% decrease from 2013 to 2015, despite no change in the smoking age in most places.  And the teen smoking rate in NYC was already much lower before the law change, having dropped more dramatically than the rest of the USA prior to 2007 and then remaining at a low level since. 

How about San Francisco, another major city that raised its age limit to 21?

2005   10.9%
2007   8.0%
2009   10.4%
2011   10.7%
2013   7.5%
2015   5.4%

They also saw a similar size drop from 2013-2015, to the tune of 28% (vs. 29% in NYC and 31% in the USA overall).  Just one problem though.  San Francisco did not raise their smoking age until 2016, so these data show that the drop in the smoking rate happened while it was still 18, before the age limit was raised.  Thus, it would actually be part of the no-change control group, not the experimental group.  And if you include the decrease since 2011, San Francisco in fact saw more progress than NYC.

Thus, we can conclude that the decrease in teen smoking in NYC following the hike in the purchase age was most likely NOT causally linked to it, and would most likely have occurred regardless given the above counterfactual data.  Kinda like we at Twenty-One Debunked initially predicted back in 2013 after first learning of the law change being proposed.  So if that wasn't the cause, what was?  Well, we know that nationwide, as well as in NYC, the secular trend for the past four decades (except a brief increase from 1992-1997) has been downward for both teen and adult smoking.  This was due to a general combination of education/awareness, taxation, regulation, and advertising restrictions, and the resulting cultural changes.  And in very recent years, electronic cigarettes have gained popularity as an alternative to combustible cigarettes, and in fact overtaking the latter and becoming at least twice as popular among high-schoolers by 2015.  Note that this was also true in NYC despite the 21 age limit applying to e-cigarettes as well.

Bottom line:  it looks like the supposed benefits of raising the smoking age to 21 were, shall we say, all smoke and mirrors.  The supposed success of Needham, MA was likely a statistical fluke and/or a result of endogeneity, much like the "early adopter" effects of the first few states to raise the drinking age to 21 creating that particular mirage in the 1980s.  Or perhaps increased enforcement in general relative to neighboring towns did the trick regardless of the age limit, like it did in Woodridge, IL and several other communities the 1990s.  And even if such benefits of the 21 age limit were real, we at Twenty-One Debunked would still not support an age limit any higher than 18, on principle alone.  Old enough to fight and vote = old enough to drink and smoke.  'Nuff said.

Vote Green, Not Brown!

We at Twenty-One Debunked just seriously lost some respect for California, a state that we, until fairly recently, regarded as one of the least-worst states in the country (though the bar is set rather low to begin with) in terms of social policy in general.  Looks like the Golden State just joined Hawaii, NYC, San Francisco, and a growing number of localities in this country in raising the purchase age for tobacco to 21, with Governor Jerry Brown (remember him?) signing it into law on May 4, 2016.   The law change takes effect on June 9, 2016, just a few weeks later, when the age limit will rise from 18 to 21 overnight without even so much as a grandfather clause.  Brown also signed other bills on the same day restricting e-cigarette use (i.e. "vaping") in public and expanding the coverage of various no-smoking zones, among other things, but the one that really stood out the most (and rankles the most with us) is the 21 smoking age.  The one exception:  active-duty military members age 18-20 can still buy cigarettes and other tobacco products.  But this exception is a rather hollow way of addressing the fundamental injustice of being old enough to die for one's country but being too young to smoke (or drink for that matter), and doesn't make things much better.  So even with this exception, Twenty-One Debunked still opposes this new law regardless.

Hopefully, there will be a ballot measure in November that will undo the hike in the smoking age.  Until then, though, we might just want to boycott all things from California whenever possible.  That includes major Hollywood movies (which still feature omnipresent product placement from Big Tobacco) and fruits/vegetables grown with fracking wastewater thanks to the very same Governor Jerry Brown.  VOTE GREEN, NOT BROWN!!!

Just Say NO to the Tobacco to 21 Act!

If some US Senators get their way, the entire nation will join Hawaii, NYC, and several other municipalites with a smoking age of 21 for tobacco.  Not only is the effectiveness of such an idea rather dubious, but just like the vile abomination that is the 21 drinking age it is ageist/adultist and tyrannical and has no place in a free society.  The age of majority is 18 in nearly every state, and in a free society no age limit for any civil right or privilege should ever be any higher than the age of majority except for senior citizen stuff and perhaps certain specific professions (i.e. President of a nuclear superpower) in which adulthood alone may not be fully sufficient.

We are especially disappointed in Senator Elizabeth Warren, an erstwhile favorite of the True Spirit of America Party.  She is one of the leading co-sponsors of the Tobacco 21 Act.  It's too bad since we at the TSAP love just about everything else about her.  Seriously.  If you are reading this, Sen. Warren, we strongly urge you to reconsider your position on this ageist and illiberal mockery of the age of majority.

Let America be America again.  Old enough to fight and vote = old enough to drink and smoke.  'Nuff said.

Hawaii Raises Smoking Age to 21

Recently, the state of Hawaii has raised the smoking age to 21, effective January 1, 2016.  Much to our chagrin, Hawaii will become the first state to set the smoking age to 21, joining NYC and a few other localities around the nation.  And unlike NYC, this law actually penalizes the young smokers themselves.

Twenty-One Debunked has repeatedly noted how much we oppose raising the smoking age any higher than 18, for the same reasons we oppose the 21 drinking age.  Thus, we are calling for a tourist boycott of the state of Hawaii, beginning on January 1 and lasting for as long as the new law remains in effect.

Will Hawaii Raise the Smoking Age to 21?

The state of Hawaii is seriously considering joining NYC and a few other localities here and there in raising the tobacco smoking age to 21.  We at Twenty-One Debunked have already discussed in previous posts why we oppose raising the smoking age any higher than 18, just like we support lowering the drinking age to 18 and legalizing cannabis for everyone 18 and older as well.  Old enough to fight and vote = old enough to drink and smoke.  'Nuff said.

That said, if alcohol, tobacco, and cannabis were all currently legal for everyone 18 and older, and we had to pick ONE of them to ban (or raise the age limit to 21), I would nonetheless pick tobacco hands-down since it is the least useful and most harmful of the three.  It kills more people than all other drugs combined, and there are essentially no significant health benefits to cigarettes that cannot also be had by other means.  With perhaps some very rare exceptions, the risks of smoking tobacco far outweigh any possible benefits.  Unlike alcohol and cannabis, tobacco (at least in the form of traditional cigarettes) is typically not a recreational drug so much as it is an extremely addictive poison, and the only product that kills half of those who buy it.  And in terms of environmental destruction, pollution, and wasting resources, the other two substances don't even come close.