Closing the Compliance Gaps With Age Verification for Tobacco, Vape & Cannabis

Regulators are confronting a shared and continuous problem: preventing youth access to age-restricted products sold online. Tobacco, vaping products, and cannabis or hemp-derived substances differ in legal treatment, but the regulatory objective is uniform. Minors should not have access to products that are prohibited to them, whether sold in-store or through online platforms.

This overlap has made tobacco, vape, and cannabis one of the most questionable groups in e-commerce. Each has exposed the ease with which children under the age of majority can circumvent the sham of protection in the name of convenience and speed. Consequently, lawmakers, attorneys general, and enforcement agencies have been intensifying oversight of failures in age controls, not as a one-time issue, but as a systemic compliance risk.

Age verification has ceased to be a formality as it is increasingly becoming a fundamental compliance control as enforcement intensifies.

Why Pop-Ups Fail? The End of the Digital Honor System

Checkbox age gates and self-attestation pop-ups were never designed as compliance controls. They emerged as convenience features, and regulators now treat them accordingly. When a business relies on self-declared age, it assumes risk rather than moderating it, and that assumption has become a liability.

Regulatory language has become clearer. Enforcement actions now often highlight the lack of effective age verification as a sign of weak safety measures. The most important thing is not whether or not it was the intention, but what ought to have been expected. Regulators would like sellers to consider when it could be abused and to have systems in place to discourage it.

The evidentiary bar is low. Thus, the test purchases conducted by regulators or their agents remain the preliminary trigger for enforcement. Shipping records showing delivery without adult verification strengthen the case. Website flow analysis completes the picture, revealing how easily minors can reach the checkout process.

Businesses are penalized even when no underage harm is proven. The violation lies in exposure, not outcome. Starting in 2025, failure to implement strict age verification will be treated as an offense in itself.

What Real Age Verification Looks Like in 2026

Effective age verification in 2026 is a layered, auditable system, not a single checkpoint that can be easily bypassed. 

At checkout, third-party identity and age proofing form the first line of defense. Government-issued IDs are verified against authoritative data sources. Biometric or knowledge-based authentication is frequently used to support them. Authentication is required before anyone can transact, so age-restricted products cannot be purchased without adequate verification. Each interaction generates auditable logs that form a defensible compliance record.

Delivery-stage controls reinforce front-end verification. Adult signature and ID checks at delivery are now standard expectations across tobacco, vape, and hemp-THC shipments. Carriers actively participate in compliance and are prepared to correspond with recipients to purchase ledgers and flag discrepancies.

Geofencing and access restrictions close remaining gaps. Orders from prohibited jurisdictions are automatically blocked, and purchase flows are dynamically restricted to prevent circumvention through location spoofing. Exception handling, escalation logs, and internal audits help ensure the system is defensible against inspections.

These controls combine to form a structured approach that complies with more stringent regulations and protects businesses against enforcement risks.

Why Age Verification Is Now a Cross-Sector Compliance Obligation

Regulators no longer evaluate age controls through a product-specific lens. Tobacco, vaping, and cannabis are grouped under a shared risk category: youth access to regulated substances disseminated via digital channels.

Enforcement has shifted accordingly. The central question is no longer what is being sold, but how reliably underage users are prevented from accessing it. Regulators assess system integrity instead of stated intent, examining whether verification is automated, independently validated, and invariably applied across checkout, fulfillment, and delivery.

This change is supported by organized supervision. A multi-agency federal task force had ordered over 2.1 million unauthorized vaping products in January 2025 that were distributed to seven states by distributors. Regulators targeted these institutions because their online checkout systems lacked mandatory front-end ID verification, which the DOJ classified as a systemic risk to public safety.

In February 2025, the New York Attorney General sued 13 large manufacturers and distributors of fueling a youth epidemic through illegally shipping flavored vapes to residents. The lawsuit specifically cites an obvious failure to verify age during the shipping process. It seeks hundreds of millions in penalties and a complete ban on their operations. The FDA, ATF, USPS, DOJ, state attorneys general, and even payment processors are increasingly aligning on common compliance signals.

Category-Specific Enforcement Realities

Age Verification for Tobacco

This is the most developed form of enforcement, yet there are still misconceptions. Checking ID at delivery is no longer adequate. Regulators require verification prior to check out, retention of recordable records. They also must be in line with federal (T21, PACT Act) and state-specific requirements, with the PACT Act requiring online sellers of tobacco and vaping products to verify customer age, register with authorities, and comply with strict reporting, shipping, and tax obligations.. Liability extends not only to sellers but also to carriers, payment processors, and hosting providers. This creates a chain of risks due to verification loopholes.

Age Verification for Vaping

Vaping products like e-cigarettes and other electronic smoking devices, which include nicotine, are considered a tobacco product in the U.S. They are under the Tobacco 21 (T21) law. There are also additional restrictions on retailers, such as the mandatory photo ID verification of all buyers under 30by September 2024. Weak age checks, lax verification procedures, and targeting young people with marketing may result in violations. Marketing practices and age verification are increasingly viewed by regulators as related compliance issues.

Cannabis and Hemp-derived THC Age Checks and Jurisdiction Controls

Age verification for cannabis resembles tobacco-type controls, even though the law remains disjointed. Defensible systems include checkout-level ID proofing, geofencing to prevent access in prohibited jurisdictions, adult signature verification, and tamper-resistant record-keeping. Sensitive ID data privacy needs to be approached in a responsible manner. Even the state legality fails to safeguard the operators against interstate exposure or attorney general investigations. In 2023, the California Attorney General brought a case against online e-cigarette merchants for failing to verify consumers’ ages at checkout, resulting in civil fines and injunctive relief.

Where Most Operators Still Get It Wrong

The verifiable once model is a common practice among many businesses, where they assume that once age is verified, there is no future risk. This approach overlooks repeat buyers, gift requests, third-party beneficiaries, and shared accounts/ devices, which are common entry points of underage access.

Even failed verifications matter. Failure is viewed as a defect in design and not a singular occurrence. Regulators are scrutinizing platform structures closely to identify and prevent loopholes. When a platform is easy to navigate, it may indicate that the platform is not following the rules, but it may not be the cause.

To address these blind spots, businesses must deploy adaptive verification, continuous monitoring, and audit-ready controls that demonstrate active risk management instead of passive compliance.

How Shufti Helps Sellers Close Age-Related Compliance Gaps

Age compliance failures typically occur when weak verification allows underage users to complete checkout or when repeat purchases rely on outdated, one-time checks. These gaps put tobacco and vaping at risk of enforcement actions. This is causing failed test purchases and issues with payments, shipping, and partnerships.

Hence, Shufti enables age verification at checkout through government-issued ID validation and real-time age confirmation, before any transaction is approved. For returning customers, Shufti Fast ID makes it easy to verify identities again. It compares a live selfie to a previously verified identity. It ensures compliance without complicating the process.

Shufti assists tobacco, vape, and cannabis sellers to abide by the new regulations after 2026. Operating with transparent records, geolocation access, and cautious data management, businesses can operate safely and be inspected.

Request a Free Demo to see how Shufti supports compliant age verification across onboarding, recurring buying, and shipping processes.