Do You Have the Right Sign Required by Your State?
Be prepared. Some states fine retailers for failing to display the legally required signs in stores.
Laws and requirements surrounding point-of-sale signage for tobacco, vaping products, and nicotine pouches vary greatly from state to state. Some have strict, specific regulations, demanding highly visible age-restriction signage. Others may not have a requirement.
It’s a regulatory mixed bag that can be a challenge for retailers to manage, primarily those operating stores across multiple states.
Let’s take a look at how three states — Connecticut, Illinois, and California — require stores to post required signage:
Connecticut
Connecticut has two different signs – one for tobacco, and another for e-cigarettes & vapor products. If your store sells both types of products, both signs must be displayed. Failure to post either of these signs may lead to a $100 fine per missing sign. Retailers can download the signs here.
Illinois
Illinois also has two separate signs, but in this instance, one states the minimum age requirements for tobacco accessories and smoking herbs, and the other has a Surgeon General’s warning. These signs are required to feature red text on a white background and must be at least ½ an inch in height. Fines for not posting the required Surgeon General warning sign can result in a $1,000 fine for each day it is not posted or a Class C misdemeanor for not posting the tobacco accessories required sign. Download the Surgeon General warning sign and download the tobacco accessories sign.
Plus, there’s an additional sign for retailers in the city of Chicago – download it here.
California
The California STAKE Act requires tobacco selling retailers to post the STAKE Act sign at each point of purchase, stating that selling tobacco products to anyone under 21 years of age is illegal and subject to penalties and that valid identification may be required along with an 800 number for reporting violations. The sign has specific dimensions, font, and color requirements. Failure to post the sign may result in fines - $200 for the first violation and $500 for each additional violation. Additionally, additional fines may apply of $50 for the first offense scaling upwards to $250 for a third offense, $500 for any subsequent offense, or up to 30 days in imprisonment in county jail.
We Card ships one California STAKE Act sign for every order of We Card materials shipped to a California address. Retailers can order or download the sign from the California Department of Public Health.
So even if you always properly identify and deny an underage purchase attempt of a restricted product, your store may still fail a compliance check simply by not having the correct state-required signage posted in your store.
Does your state require a legally mandated sign?
Check out We Card’s Resource Center’s state law summaries and State Sign Requirements.
Our Resource Center is free to use. Just create your login and gain access to the state sign requirements and the state law summaries, along with our valuable resources, including summaries of Federal Law and FDA Regulations, a template for creating a written Company Tobacco & Vaping Product Sales Policy and We Card’s Guide to Best Practices.
Find what your state’s sign requirements are in our state-to-state database.
We Card’s Best Practice #12 “Prominently Display Proper Signage” indicates that your displaying of the required signs and any We Card signage helps demonstrate to both your customers and your employees your commitment to responsible retailing. For a free download of We Card’s Guide to Best Practices, complete a short survey to get the Guide.
For questions about We Card, our programs, and our activities, please visit www.wecard.org or contact us at comments@wecard.org.
