McConnell, Kaine introduce bill to make 21 the legal age to buy tobacco products

Senate Majority Leader Mitch McConnell announced Monday that he and Sen. Tim Kaine have filed a bipartisan bill to raise the nationwide age to buy tobacco products to 21.

Spurred by what experts say is explosive growth in youth use of electronic, or e-cigarettes, the senators — both from states with a long history of tobacco farming — say the intent is to keep all such products out of the hands of young people.

"The latest threat … is an epidemic among teenagers and even middle school students using tobacco products and vaping," McConnell, a Kentucky Republican, said in a telephone interview. "It includes nicotine and runs the risk of hooking these children at a very early age to a lifetime of using tobacco products."

McConnell had already announced his intent to sponsor the so-called "Tobacco 21" legislation at a news conference last month in Louisville, Kentucky, citing his concern about rising youth rates of e-cigarettes that contain high doses of nicotine, the addictive drug derived from tobacco.

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Tobacco age:Sen. McConnell to offer bill raising nationwide age limit for buying tobacco and vaping products to 21

But such initiatives have raised questions among many of the nation's anti-smoking advocates, saying so-called "Tobacco 21" measures have attracted support of the tobacco industry because they shield them from more aggressive enforcement.

They also argue that to effectively combat e-cigarette use among youths, the government should restrict the sale of liquid, nicotine-containing cartridges in flavors that appeal to kids, such as cotton candy or bubble gum.

Both Altria, one of the world's largest producers of tobacco products, and JUUL Labs, a leading e-cigarette manufacturer partly owned by Altria, have expressed support for federal legislation raising the legal age to buy tobacco products to 21.

McConnell said he's aware of those concerns from health advocates.

"Just the fact that they're for it doesn't mean it’s a bad idea," he said of the tobacco companies. "This is just a floor, not a ceiling. I don’t think it relieves them of any of the battles they're going to have to fight at the state and local levels in the future."

Another group of bipartisan U.S. senators including Dick Durbin, an Illinois Democrat, and Mitt Romney, a Republican from Utah, already have introduced a similar bill that would raise the age to 21 to buy tobacco products.

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McConnell said he's aware of their proposed legislation but thought it important that he take the lead because of Kentucky's long history with tobacco, once a leading cash crop, and the state's rates of cancer and smoking, which are among the nation's highest.

He said his co-sponsor, Kaine, a Virginia Democrat, shares that opinion.

"We both felt that coming from tobacco states, we had a kind of special role to play in all this," McConnell said.

Kaine, who as governor of Virginia signed a statewide smoke-free bill into law than bans smoking in public places, called raising the tobacco age to 21 "a critical part of our efforts to improve public health and keep tobacco products out of schools and away from our children.”

Twelve states have raised the age to 21 to buy tobacco products though critics say some of those laws prohibit local communities from enacting tougher rules.

McConnell initially had said he would exempt members of the military from the bill but reconsidered after discussions with constituents and public health advocates. The bill to be filed Monday does not contain that exemption. 

"On further reflection, I decided the military carve-out made no sense," McConnell said.

His bill also does not preclude state or local governments from enacting tougher laws.

"Health groups would probably like to do more," McConnell said. "All of those battles are free to occur at the state level."

Follow Deborah Yetter on Twitter: @d_yetter