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From fda.gov

What is the legal age for purchasing cigarettes or smokeless tobacco?
The regulations prohibit the sale of cigarettes and smokeless tobacco to anyone under the age of 18. However, the Tobacco Control Act does not pre-empt State or local laws relating to access to tobacco products that are in addition to, or more stringent than, the access provisions in the Tobacco Control Act. Therefore, a state could establish 19 years of age or older as the minimum age for purchasing these products in that state. Some states and localities do, in fact, have more stringent age requirements. As of March 1, 2010, four states (Alabama, Alaska, New Jersey, and Utah) have established 19 years of age as the minimum legal age for purchasing tobacco products in those states.