Tobacco and vape sales to minors have increased across Wisconsin this year, according to data released by the Wisconsin Department of Health Services.
Although the increase was slight compared to the previous year, tobacco and vaping sales to minors have increased by 140% since 2019, with this increase largely due to the fact that the legal age to purchase tobacco is went from 18 to 21 years old.
According to DHS, sales to minor buyers represent approximately 13.6% of total sales this year. If tobacco sales to minors exceed 20 percent of total sales, Wisconsin risks losing millions of dollars in federal financial resources.
Gina Larsen of DHS’s Tobacco Prevention and Control Program said the “disappointing” increase can be explained by inadequate state and federal laws.
State Law states that the legal age to purchase cigarettes, nicotine or tobacco products is 18. But in 2019, the federal law increased the age to 21. Federal law supersedes state regulations.
Larsen said this causes confusion for retailers and consumers and limits the power of local law enforcement, who cannot issue citations for federal violations.
“There is some sort of way out of this forest of confusion,” Larsen said.
She says the solution is to change state law to reflect federal law.
According to the American Lung Association, 95 percent of adults who smoke daily started at 21. This is why Larsen believes that increasing the age will be effective.
“So at 25, if you haven’t started, you probably never will,” Larsen said.
Larsen said nicotine use has a negative impact on a changing brain, which is why the age limit is important. It can affect attention, concentration and impulse control, and exacerbate mental health problems like anxiety and depression.
“This is such an important time in a young person’s life, and the choices they make will impact their health, finances, relationships and work productivity for a long time,” Larsen said.
According to the Centers for Disease Control and Prevention, in 2023, nearly 28 in 100 high school students reported I tried a tobacco product.
Previous attempts to align state laws with federal tobacco regulations have failed.
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The Wisconsin State Assembly passed bills in 2020 and 2022 with bipartisan support to raise the minimum age to 21, but the Senate never took a vote on the measures. Rep. John Spiros, R-Marshfield, co-authored both bills with Sen. Howard Marklein, R-Spring Green.
Spiros said he was “puzzled” as to why the bills were not passed, as he considers health issues a priority.
Rep. Jill Billings, D-La Crosse, co-sponsored the 2022 bill. She said she was concerned about vaping because this can lead to the use of other substances.
“I am concerned about these numbers and I think we need to do more in the state of Wisconsin to address this problem,” Billings said.
Billings is part of a group of Democratic lawmakers who are reintroducing a package of legislation aimed at just that. Billings said the bills would ban vaping in public and private schools, fund a public health campaign for the prevention of underage tobacco and vaping and review retail licensing. She said the package would be presented next month.
As legislative action moves forward, Larsen and Spiros agree that caregivers need to help teens make healthy choices.
“The most important thing is to stay informed about the underhanded tactics of big tobacco companies,” Larsen said.
The DHS Tobacco 21 campaign, which first launched in January of this year, provides information and resources on competing laws. It includes free training for retailers and their employees.
There are also advocates across the state trying to reduce tobacco use.
Charlie Leonard, coalition coordinator with the City of Milwaukee Tobacco-Free Alliance, said they educate young people about the dangers of smoking, especially those in the LGBTQ community, because they use tobacco at higher rates.
When they talk to young people, they have a common response.
“‘I started (using tobacco) to help me manage my stress’ or ‘I didn’t realize it was as addictive as that and I want to stop but it’s really difficult'”, Leonard said.
They remind people that there is resources to fight addiction.
“You only have one set of lungs, so this damage lasts forever,” Billings said.
