5.11 Accessibility of tobacco products to young people

5.11.1 How young people access tobacco

Having easy access to cigarettes contributes to smoking uptake among young people.^1-3 Data from the Australian Secondary Students’ Alcohol and Drug (ASSAD) Survey in 2022–23⁴  showed that the most common way for adolescents to access cigarettes was through friends (50.3%), with almost one-third of those friends being under the age of 18. Although it is illegal to sell tobacco products to children under the age of 18 years in all Australian states and territories, the second most common way to access cigarettes was purchasing it themselves, with 12% of students who smoked reporting in 2022-23 that they bought their last cigarette.⁴ The next most common way students accessed tobacco was taking cigarettes from home without permission (11.2%).⁴

Smoking behaviours among parents can affect access to cigarettes and smoking uptake. Data from the 2022-23 ASSAD survey shows that the likelihood of having ever smoked and having smoked in the past month is higher among students who have at least one parent who smokes (see Figure. 5.11.2 below). Children of people who smoke appear to be most likely to procure their cigarettes from home (with or without parental knowledge), and may promote smoking among their peers.^5,6 Research from New Zealand has shown that students with both parents smoking were much more likely to obtain cigarettes from family than students with neither parent smoking.⁶

5.11.2 Reducing tobacco access and supply to young people

Many tobacco control policies—such as high tobacco prices, advertising and promotion bans, and plain packaging—aim to reduce demand for tobacco among people who smoke, however reducing supply is also an important measure in reducing smoking rates. Reducing access to and supply of tobacco, when part of a comprehensive suite of tobacco control policies, helps reduce smoking among young people.^7,8 Research has shown that those who begin smoking during adolescence are more likely to become addicted, smoke more heavily, and continue smoking into adulthood.^8-13 These early smoking patterns significantly increase the risk of tobacco-related disease later in life.^8-13 Reducing supply can contribute to the denormalisation of smoking among young people.^14-16  

5.11.2.1 Legislation banning sales to minors

Most countries around the world have long banned sales of tobacco products to children. This aligns with the World Health Organization’s Framework Convention on Tobacco Control that obliges parties (including Australia) to prohibit tobacco sales to under-18s as a measure to protect young people—Ban sales to and by minors (Article 16).¹⁷

Laws banning sales to minors—Australia

It is illegal to sell tobacco products to children under the age of 18 years in all states and territories of Australia. Laws restricting retailers from selling cigarettes to children were the earliest tobacco control policies to be introduced in Australia—refer Table 5.11.1, column 1, with most states introducing such legislation in the first decade of the 20^th century. Over time, states and territories have strengthened legislation—modern versions of these legislative provisions are included in tobacco control legislation in every state—refer Column 2.¹⁷

Australian states and territories maintain broadly consistent but varied regulations with specific rules, penalties, and enforcement methods differing regarding the sale of tobacco to minors. Across most jurisdictions, sellers are advised or required to check photographic ID if a customer appears under 25, with approved forms of identification including driver’s licences, passports, and proof of age cards. New South Wales, Queensland, South Australia, Tasmania and Western Australia have mandated staff training, with Western Australia and Tasmania recommending regular training updates every six months. Penalties for selling to minors vary significantly across jurisdictions, with corporations (tobacco retailers) facing much larger fines than individual employees. Sale of tobacco products by employees under the age of 18 is not allowed in Queensland, Western Australia, South Australia, and the Northern Territory, while New South Wales, Tasmania, and the Australian Capital Territory (not specified) allow under-18s to sell tobacco with caution or conditions. A requirement for employees selling tobacco to be over the age of 18 is set to become a general condition of licence under the tobacco business licensing scheme due to commence in Victoria on 1^st July 2025.²⁸  All jurisdictions (Australian Capital Territory not specified) require clearly visible warning signage regarding sales to minors at entrances, point of sale or nearby. Under tobacco control legislation, state and territory inspectors/authorised officers can utilise various enforcement tools to monitor tobacco retailer compliance. This may include responding to reports from members of the public, conducting test purchases, on-site inspections, issuing infringement notices, obtaining search warrants, through to criminal prosecution.^18-27,29 Local law enforcement may intervene where a tobacco retailer engages in illicit trade, including the sale of illicit tobacco products to minors.

International approaches to banning sales to minors

The large majority of countries have implemented a minimum tobacco purchase age of 18,³⁰ while some countries have set the minimum age higher.

In the US, Tobacco 21 legislation was signed on 20 December 2019 to amend the Federal Food, Drug, and Cosmetic Act, raising the federal minimum age for sale of tobacco products from 18 to 21 years.³¹ The new minimum age of sale applies to all retail establishments and persons with no exceptions, making it illegal for a retailer to sell any tobacco product—including cigarettes, cigars, and e-cigarettes—to anyone under 21.³¹ Such legislation is supported by the majority of the public,^32-34 including by young people.^35,36 Interestingly, restricting the sale and use of tobacco to individuals 21 years and over was common throughout the late 19th and early 20th centuries in the US, but these laws were eroded over time to between 16 and 18 years, largely due to tobacco industry lobbying.³⁷

A number of other countries, including Honduras, Kuwait, Samoa, Sri Lanka, Uganda,  Mongolia, Ethiopia, Philippines, Singapore and Ireland have also implemented a minimum legal age of purchasing tobacco at 21.^38,39 In Japan and Thailand the minimum legal age of purchasing tobacco is 20.³⁸

Among a range of possible future options, proposals for raising the minimum age of tobacco access are being considered in Canada⁴⁰ and the UK.⁴¹

Effectiveness of sales to minors laws in reducing uptake

Consistent with legislative efforts to reduce illegal sale of tobacco to children, there has been a large decrease over time in the proportion of young people purchasing their cigarettes. In 1987 more than half of students aged 12–17 years purchased their last cigarette compared with 11.9% in 2022/23.⁴² Similarly, in the UK, the proportion of young people purchasing their own cigarettes from newsagents, tobacconists or sweet shops declined rapidly alongside implementation of tobacco access legislation—from 65% in 2006, to 46% in 2014, to 23% in 2018.⁴³

In contrast to arguments that sales restrictions could make tobacco more appealing to young people (as ‘forbidden fruit’),⁴⁴ research has shown continued declines in smoking prevalence among young people during a sustained period of enforcement of such legislation.^45-47 

Overall, weak legislation and ineffective enforcement lead to poorer retailer compliance, and have minimal effect on smoking rates among young people.^15,48,49 Conversely, strong laws and enforcement programs reduce illegal sales and can contribute to reductions in smoking among young people.^15,48,50-52

To be effective, legislative measures to reduce access need to:^49,53

• be regularly enforced, in order to ensure high compliance rates
• involve a penalty that is not so low that it will not act as a deterrent, but not so high that it is not supported by community attitudes
• be uniform so that minors cannot avoid them by shopping elsewhere.

The impact of such laws is further strengthened when they are part of a comprehensive set of tobacco control measures that increase the price of tobacco products and denormalise smoking.^54,55

An Australian study examined the impact of sustained and vigorous enforcement of sales to minors legislation and found that effective enforcement was accompanied by a substantial reduction in attempted purchases of tobacco and of smoking by young people. The impact of the intervention also increased with time.⁴⁹ Another Australian study over a 15-year period found that stricter controls on underage access to cigarettes were associated with lower smoking prevalence (although this relationship became non-significant after adjusting for other policies, demographics and survey year, possibly due to an absence of information on the strength of enforcement).⁵⁶

Future directions for minimum age laws in Australia

Raising the minimum age from 18 to 21 years

Data from the National Drug Strategy Household Survey between 2001 and 2022–23 shows a significant shift in the age at which people who smoke first smoked a full cigarette. In 2001, 29.3% of people who had ever smoked reported smoking their first full cigarette at age 13 or younger. By 2022–23, this had decreased to 13.3%. Over the same period, the proportion of people who smoke who had their first full cigarette at age 18 or older (between 18 and 49 years) increased from 18.8% in 2001 to 38.6% in 2022–23. Despite this shift, the majority (61.4%) of people who have ever smoked a full cigarette still did so before turning 18.⁵⁷ See Figure 5.11.3 for more detail.

A number of Australian public health experts, politicians, philanthropists and health groups have proposed that the minimum purchasing age for tobacco should be raised further, from 18 to 21 years.^58-63  Findings from the National Drug Strategy Household Survey in 2022-23⁵⁷ show that the majority of Australians aged 14 years and over support raising the legal age for sale or supply of tobacco products from 18 to 21 years or over (65.4%).⁵⁷ Never smokers (70.1%) and people who have quit smoking (61.5%) also showed stronger support for raising the legal age than did people who currently smoked (45.4%).⁵⁷ A 2020 research paper examining public support for Tobacco 21 laws using data from the International Tobacco Control (ITC) Four Country Smoking and Vaping Survey found strong support (65%) among Australians who currently smoked and those who used to smoke for raising the minimum age of purchase for tobacco products from 18 years to 21 years, with a large majority of those in support aged over 20 years.³⁴

Australian state and territory ministers have been investigating proposals to raise the minimum age to 21 for the purchase of tobacco in recent years.⁶⁴ In 2020, a Tobacco 21 Bill was considered by Tasmania’s legislative council – the Public Health Amendment (Prevention of sale of smoking products to underage persons) Bill 2018.⁶⁵ Under the proposed legislation, the legal age for Tasmanians to buy tobacco products would have been lifted from 18 to 21 incrementally over a three year period.⁶⁶ However, in 2021, The Tasmanian Legislative Council declined the bid to increase the minimum age for access to tobacco products from 18 to 21. The bill had received support from major health organisations, including the AMA, RACGP and Cancer Council, though in the council, both the Labor and Liberal party members voted against the bill. The arguments presented against the bill included claims of negative impact on small business and high cost of implementation.⁶⁷ Figure 5.11.4 sets out data from the Australian Institute of Health and Welfare’s 2022-23 National Drug Strategy Household Survey on the level of public support for raising the minimum age for sale of cigarettes from 18 to 21 in each Australian state and territory.

Effectiveness of raising the minimum purchase age to 21 years

The US Institute of Medicine (IOM) produced a report into the Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products in 2015.⁵⁴ It considered the policy options for raising the minimum legal age for tobacco to 19, 21 and 25 nationally.  The report stated that concerns about adolescent vulnerability to addiction and immaturity of judgement justifies an underage access restriction. Regarding the age at which access to tobacco should become legal, evidence suggests that capabilities related to mature judgement, especially in situations that are emotionally charged and where peer influence plays a role, are still developing into the early 20s. Young people in their late teens and early 20s might also be at elevated risk, neuro-developmentally speaking, of becoming addicted to nicotine. Data strongly suggest that if someone is not a regular tobacco user by 25 years, it is highly unlikely they will become one.

The IOM report concluded that increasing the minimum age for tobacco would be likely to prevent or delay initiation of use by adolescents and young adults. Although changes will directly pertain to individuals aged 18 and over, the largest proportionate reduction in the initiation of tobacco use will likely occur among adolescents 15 to 17 years old. Modelling commissioned by the IOM found that raising the minimum legal age would lead to approximately a 3% decrease in smoking prevalence for a minimum legal age of 19, a 12% decrease for a minimum legal age of 21 and a 16% decrease for a minimum legal age of 25, above and beyond the decrease predicted in the status quo scenario. Although the full benefits of preventing initiation of tobacco use would take decades to accrue, some direct health benefits, including those from reduced secondhand smoke exposure, would be immediate.

Since the IOM report, ‘real-world’ evaluations of the impact of increasing the tobacco purchase age from 18 to 21 have been published. One study looked at data from Needham, Massachusetts, which in 2005 became the first town in the US to raise the minimum tobacco sales age to 21. It found that following implementation of the law, smoking and cigarette purchases declined significantly more in Needham relative to 16 comparison communities, and concluded that this approach has the potential to reduce youth access and initiation.⁶⁸ However, an evaluation in New York City (which introduced the law in 2014) concluded that increasing the minimum purchase age to 21 years did not accelerate reductions in tobacco use by young people any more rapidly than declines observed in comparison sites. The authors note that such laws may need to be placed in context; minimum purchase age laws may have larger effects over a longer time period, or in places with weaker existing tobacco control policies.⁶⁹ A 2019 study in the US that examined the relationship between local tobacco-21 policies and smoking among 18- to 20-year-olds from 2011 to 2016 found a 1.2 percentage point drop in the likelihood of being a current established smoker following implementation of tobacco-21 policies.⁷⁰ A 2024 US study⁷¹ examined the effects of state-level laws that raised the minimum age of purchasing tobacco to 21 years (T21 laws) using data from the longitudinal Population Assessment of Tobacco Use and Health (PATH) study. Among 18-to-20-year-olds, there was a 1.9 percentage-point (10%) reduction in the likelihood of self-reported smoking after enactment of a state T21 law. Among 21–25-year-olds, initial non-users who were subject to state 21 laws and ‘aged out’ were less likely to subsequently initiate self-reported smoking or vaping, compared to those not subject to these laws.⁷¹

An editorial⁷² in the American Journal of Public Health considered ways in which the impact of T21 laws could be further maximised, including:

• Increasing random compliance check inspections
• Identifying high-priority locations to address access to tobacco by young people, especially in areas where tobacco retail density is high
• Levying maximum penalties for each infraction to help deter illegal sales and to defray the cost of enforcement activities
• Publicising fines and license suspensions
• Revoking and then retiring the license to sell tobacco when multiple infractions occur
• Pursuing maximum criminal penalties for illicit tobacco suppliers
• Continuing to study such laws in real-world settings to optimise effectiveness.⁷²

5.11.2.2 Tobacco Free Generation policy

‘Tobacco free generation’ proposals advocate banning supply of tobacco to those born in or after a specified year. Such proposals claim that minimum age laws are deficient, in that they may create a ‘rite of passage’ for smoking, or reduce perceptions of the harmfulness of smoking.⁷³

Australia

Tasmania: In March 2015 the Tasmanian Parliament debated draft legislation (Public Health Amendment (Tobacco-free Generation) Bill 2014) that would have made it illegal, from 2018, to supply tobacco to anyone born after 2000. The Bill was introduced by an independent member of the Legislative Council, Ivan Dean, and aimed to create a generation of people not exposed to tobacco products. It was one of the most significant global attempts at the time to slowly phase out cigarette smoking. The draft legislation was widely supported by Tasmanian health organisations, while being vigorously opposed by tobacco companies, which claimed that the regulations would have been difficult to manage and enforce.^74,75 In October 2015, a Parliamentary committee considered its workability,⁷⁶ and in 2017 the Tasmanian Government released a report outlining its decision not to proceed with the Tobacco Free Generation Bill, stating, ‘While the Government commends the intent of the TFG Bill, it continues to hold concerns about its workability and practicality and does not believe that imposing an effective ban on tobacco sales over time is the most realistic way to approach the need to reduce smoking rates’.⁷⁷

Queensland: In 2016, Cancer Council Queensland proposed banning tobacco sales to those born after 2001, with the then Queensland health minister Cameron Dick expressing openness to the measure.⁷⁸ However, no progress to this proposal has been reported.

South Australia: In 2024, Independent MLC Frank Pangallo introduced the Tobacco and E‑Cigarette Products (Miscellaneous) Amendment Bill 2024, which would prohibit selling tobacco or e-cigarettes to anyone born on or after 1 January 2007​. The private member’s bill passed the Legislative Council (upper house) on 25 September 2024 with no major party opposition​. It then proceeded to the House of Assembly, where it is being considered as at early 2025. This legislation, if passed, will permanently ban sales to the 2007-and-later birth cohort, effectively phasing out tobacco availability over time.⁷⁹

New Zealand

New Zealand enacted a world-first Tobacco-Free Generation (TFG) law in 2022, but it was later reversed.^80,81 The Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 was passed on 13 December 2022 under the Labour government​. The Amendment Act prohibited the sale of smoked tobacco products to anyone born on or after 1 January 2009, with the provision taking effect on 1 January 2027​. The law also proposed sharply reducing the number of retail tobacco outlets and mandated very low nicotine levels in cigarettes​. However, after a change of government, these measures were repealed in full before they came into force​. On 28 February 2024, New Zealand’s new coalition government rushed through legislation under urgency to repeal the ‘smokefree generation’ ban, along with the planned retail caps and nicotine limits​. The repeal bill passed all stages and received royal assent on 4 March 2024​.⁸²

Globally

Globally, a number of countries have proposed tobacco-free generation laws, including Denmark,⁸³ Hong Kong,⁸⁴ Malaysia,⁸⁵ Norway⁸⁶ and Hawaii,⁸⁷ however none of these proposals as of May 2025, has been advanced into law.

In the United Kingdom, legislation for tobacco-free generation law is currently under review, after passing its Second Reading.⁸⁸

In addition to New Zealand (see above), Bhutan⁸⁹ and Balanga City in the Philippines⁹⁰ also both enacted, and then later repealed, tobacco-free generation laws.

The US local jurisdiction Brookline, Massachusetts successfully implemented a tobacco-free generation law in 2021, upheld by the courts in 2024.⁹¹

5.11.2.3 Retailer density and uptake

Density of tobacco retailers has been suggested as an important factor in the uptake of smoking. Higher density and proximity of tobacco retailers are associated with increased adolescent smoking behaviours and susceptibility.^92,93 Areas that are more densely populated with tobacco retailers may promote adolescent smoking not only by increasing access but also by increasing environmental cues to smoke.⁹⁴

A 2018 meta-analysis exploring the association between tobacco outlet density around homes and schools and adolescents’ past-month cigarette smoking found that higher tobacco outlet density around homes, more so than schools, was associated with significant increased odds of past-month smoking.⁹⁵ The researchers illustrate that for each subsequent tobacco outlet near adolescents’ homes, the odds of having smoked in the past month increased 8%.⁹⁵ Again in 2021, a systematic review concluded that the density of tobacco retail outlets near teenagers’ homes was associated with tobacco use.⁹⁶ In 2024, an Australian systematic review and meta-analysis found consistent associations between higher tobacco outlet density and smoking among pregnant women, young people, and adults in Australia. The meta-analysis found that higher retail density was associated with a 20% greater likelihood of ever-smoking among young people (95% CI: 1.04, 1.37), and a 23% greater likelihood of current smoking among young people (95% CI: 1.08, 1.40).⁹⁷

Tobacco control advocates have called for limitations to be placed on the number of tobacco retail outlets, particularly around schools. For example, zoning restrictions or licencing schemes may be used to restrict the availability and visibility of cigarettes around young people.^94,98 A 2021 international review found that prohibiting tobacco sales specifically near schools reduced retailer density in high-risk neighbourhoods more so than tobacco sale bans in other places, such as in pharmacies.⁹⁹  

 A 2025 review¹⁰⁰ of Australian tobacco control laws recommended a nation-wide standardised approach to tobacco retailer licensing. Tobacco retailer licensing is a government system that requires businesses selling tobacco products to obtain official approval—usually through a paid licence—so authorities can monitor and enforce laws aimed at protecting public health, preventing underage access, reducing smoking rates, and controlling the illicit tobacco trade. Analyses of the current state of tobacco retailer licensing across Australian jurisdictions identified strong retailer licensing as a critical regulatory mechanism for protecting young people from exposure to tobacco products. However, current Australian tobacco laws (federal, state and territory) are not uniform. For example, penalties for non-compliance and enforcement powers and practices can vary widely. Strengthening and harmonising Australia’s tobacco retailer licensing, the authors argued, would provide an opportunity to impose conditions on who can sell tobacco, where it can be sold, and under what circumstances. For example, most jurisdictions do not restrict retailer proximity to child-oriented venues (schools, playgrounds) or product displays (toys, confectionary), nor do they limit the number or type (e.g. toy stores) of licensed outlets. Strengthening tobacco retailing laws in all states and territories would help to protect children and young people across Australia from potential exposure to tobacco marketing in retail settings.¹⁰⁰

See Section 11.9 and InDepth 11B for a detailed discussion of retailer density and licencing, and their relationships with smoking behaviours among young people.

5.11.2.4 Legislative restrictions for possession of tobacco by minors

In Australia, legislative restrictions on the possession or use of tobacco by young people vary across Australian states and territories.¹⁰¹ In New South Wales, Western Australia, South Australia, Tasmania, and Queensland (under specific circumstances), police may confiscate cigarettes or other smoking products from individuals they suspect to be under 18, often after requesting identification. Western Australia and Tasmania also allow further actions such as requesting personal information or notifying parents. In South Australia, school teachers may also confiscate and destroy cigarettes. By contrast, Victoria, the Australian Capital Territory, and the Northern Territory do not appear to have laws permitting police to confiscate tobacco products solely based on age.¹⁰¹

In the US, state legislation restricting sale of tobacco to minors often includes legislative restrictions for possession, use or purchase of tobacco by minors, however these laws (sometimes referred to as ‘PUP laws’) appear to have little impact on reducing smoking prevalence. One study found no difference in smoking rates between the control and experimental group but did report more young people in the control group smoking more than 20 cigarettes per day.^102,103 Many tobacco control experts in Australia have recommended caution in regard to this policy approach, arguing that rather than placing the onus on the seller, such laws criminalise purchases by young people, which may have other negative unforeseen consequences.

5.11.2.5 Tobacco industry approaches

The tobacco industry in Australia and overseas has championed programs aimed at educating tobacco retailers and the general public about regulations regarding sales to minors (see Chapter 10, Section 10.13.1), initiatives thought by critics to be more likely to serve industry ends than to improve public health.¹⁰⁴

An analysis of evidence and consultation submissions to the UK’s proposed 2023 generational ban on tobacco sales and new nicotine product restrictions for young people, found 42% of submissions came from transnational tobacco companies and actors with known current links to these companies. These companies and linked actors framed themselves as responsible public health stakeholders while opposing measures such as generational sales bans and product restrictions, claiming these would harm the economy, fuel illicit trade, and increase risks to retailers.¹⁰⁵

Related reading

Test your knowledge

References

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20. No authors listed. Smoking laws in Queensland. Queensland Government,  2024. Available from: https://www.qld.gov.au/health/staying-healthy/smoking/laws.

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60. No authors listed. Oncologists want smoking age raised to 21. SBS News, 2017. Available from: https://www.sbs.com.au/news/oncologists-want-smoking-age-raised-to-21

61. No authors listed. Nick Xenophon pledges to raise legal smoking age. the New Daily, 2017. Available from: https://thenewdaily.com.au/news/state/sa/2018/01/30/nick-xenophon-smoking-age/

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69. Macinko J and Silver D. Impact of New York City's 2014 Increased Minimum Legal Purchase Age on Youth Tobacco Use. American Journal of Public Health, 2018:e1–e7. Available from: https://www.ncbi.nlm.nih.gov/pubmed/29565664

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75. No authors listed. Tasmania considers phasing out cigarette sales. ABC News, 2014. Available from: http://www.abc.net.au/news/2012-08-21/upper-house-moves-motion-to-ban-the-sale-of-cigarettes/4214016

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78. No authors listed. Queensland health minister open to lifetime smoking ban for those born after 2001 The Guardian, 2016. Available from: http://www.theguardian.com/australia-news/2016/may/15/queensland-health-minister-open-to-lifetime-smoking-ban-for-those-born-after-2001

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82. No authors listed. Smokefree generation law scrapped by coalition government. RNZ, 2024. Available from: https://www.rnz.co.nz/news/political/510439/smokefree-generation-law-scrapped-by-coalition-government

83. AFP in Copenhagen. Denmark considers ban on cigarette sales to anyone born after 2010. The Guardian, 2022. Available from: https://www.theguardian.com/society/2022/mar/15/denmark-considers-ban-on-cigarette-sales-to-anyone-born-after-2010

84. No authors listed. Hong Kong Mulls Age-Related Tobacco Ban. Tobacco Reporter 2022. Available from: https://tobaccoreporter.com/2022/11/06/hong-kong-mulls-generational-cigarette-ban/#:~:text=Hong%20Kong%20residents%20who%20were,the%20South%20China%20Morning%20Post.

85. No authors listed. Govt plans to ban sale of cigarettes to those born after 2005, says KJ. FMT, 2022. Available from: https://www.freemalaysiatoday.com/category/nation/2022/01/27/govt-plans-to-ban-sale-of-cigarettes-to-those-born-after-2005-says-kj/

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