US: Fewer New York Shops Ask for ID When Selling Cigarettes

Source from:  Consumer Affairs 11/24/2015

New York City enacted a law in 2014 that raised the minimum age to buy cigarettes from 18 to 21. The law was aimed at reducing smoking rates, especially among young people.

A law, of course, is only as effective as its enforcement. And researchers at NYU and UCLA have found that compliance with identification (ID) checks has significantly decreased since the law went into effect last year.

Before the law changed, researchers say 29% of retailers sampled were non-compliant. After the change, 38% of sampled retailers failed to ask for ID when selling cigarettes to young people.

Researchers also examined new minimum price laws for cigarettes and found a similar pattern.

Troubling pattern

"This study reveals a troubling pattern of non-compliance with ID check and minimum price laws among some retailers in New York City," said lead author, Dr. Diana Silver, an associate professor of public health policy at NYU's College of Global Public Health. "Without serious attention to strengthening enforcement of its current laws, New York City will fail to realize the full potential of its efforts to reduce smoking."

There could be several reasons for the lack of enforcement. For one thing, a lot of retailers might still be unaware that the age limit has risen.

Researchers note the new law did not go into effect until nine months after its enactment.

Multiple jurisdictions

Then, there's the fact that enforcement measures for retailer tobacco laws involve five different city and state agencies. Researchers say they all have unique protocols, and in many cases no additional resources were allocated for inspection, prosecution, and follow-up of those violating the new laws.

Under federal law, states are required to make sure non-compliance with ID check laws never fall below 20%. Dr. James Macinko, one of the study's authors, says the current level of non-compliance is troubling.

"In addition, sales below legal minimum prices present additional challenges for controlling access to cigarettes not just among youth, but among the entire city's population," he said. Enditem