New Rules for E-Cigarettes, Vape Pens Take Effect August 8

The Food and Drug Administration's "deeming regulation," imposing restrictions on e-cigarettes, vape pens, as well as cigars and pipe tobacco, contains several important restrictions on tobacco retailers that take effect August 8. NATSO has updated its "E-Cigarette Compliance Guide" for travel plaza retailers, which is available to members by clicking here.

Specifically, the provisions in question restrict retailers' ability to sell newly regulated products to individuals under the age of 18; require retailers to check the i.d. of everyone under the age of 27 seeking to purchase such products; and restrict retailers' ability to offer free samples of such products and sell such products in vending machines.

The Food and Drug Administration is working with states to conduct undercover "sting" operations testing retailers' compliance with these provisions. NATSO has provided an overview of how travel plaza operators may respond to alleged violations of tobacco restrictions, which is available here

Relatedly, the Federal Motor Carrier Safety Administration (FMCSA) recently issued a safety advisory alerting owners and operators of commercial motor vehicles about the safety risks associated with possessing and using battery-powered electronic smoking devices in their vehicles. Truck drivers are statistically more than two times more likely than the rest of the population. Many smokers have turned to these smoking alternatives as a substitute for traditional cigarettes.

FMCSA's warning last week said that "The use of battery-powered portable electronic smoking devices has resulted in incidents including explosions, serious personal injuries, and fires....Motor carriers and drivers should be cognizant of the risks associated with these devices and exercise good judgment and appropriate discretion in their possession, storage, and charging or use on, around, or while operating a commercial motor vehicle."

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David Fialkov

David Fialkov is the Vice President of Government Relations, as well as the Legislative and Regulatory Counsel, at NATSO. In this capacity, Mr. Fialkov directs NATSO's legislative, regulatory, and legal strategy on a range of issues, including transportation, energy and fuels, labor, data security, and taxes. Mr. Fialkov also oversees NATSO's political engagement program, including individualized legal and political counsel to member companies. Prior to joining NATSO, Mr. Fialkov was the senior associate in the Government Affairs and Public Policy practice at the law firm of Steptoe and Johnson in Washington, D.C. At Steptoe, Mr. Fialkov advised clients on legislative, regulatory, and political issues, as well as legal concerns. His primary clients included trade associations representing the motor fuel wholesale and retail industries, including the National Association of Convenience Stores and the Society of Independent Gasoline Marketers of America. Mr. Fialkov's focus was not only on the motor fuels business, but also the litany of other issues that retailers confront, including labor matters, foodservice issues, healthcare and employment issues, tax matters and data security. Prior to joining Steptoe, Mr. Fialkov graduated with honors from George Washington University Law School. He received his B.S. Summa cum laude with highest honors from Clark University in Worcester, MA. He lives in Washington, D.C. with his wife Allison and daughter Lilah. More
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