Tobacco

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FDA Unveils New Tobacco Age-Verification Program for Retailers

November 21, 2017

FDA Unveils New Tobacco Age-Verification Program for Retailers

The U.S. Food and Drug Administration (FDA) this month unveiled a new age-verification program for retailers that offers training and point-of-purchase materials free of charge to encourage compliance with the agency’s rules against selling tobacco products to minors.

Use We Card Awareness Month To Highlight Compliance

September 1, 2017

Use We Card Awareness Month To Highlight Compliance

We Card Awareness Month gets un­derway in September, and the event is a great time for truckstop and trav­el plaza operators to train or re-train employees on the Food and Drug Ad­ministration’s regulations and state law compliance.

Tobacco Update: Trump FDA Continues Aggressive Opposition to Cigarettes, More Open to E-Cigs

August 14, 2017

Tobacco Update: Trump FDA Continues Aggressive Opposition to Cigarettes, More Open to E-Cigs

The first several months of the Trump Administration have brought with them no shortage of eye-catching, newsworthy headlines. Perhaps lost among the crowd, however, have been several developments on the tobacco space that NATSO members, as tobacco retailers, should understand.

Four Steps to Preventing Underage Tobacco Sales at Your Truckstop

April 18, 2017

Four Steps to Preventing Underage Tobacco Sales at Your Truckstop

For all the various FDA regulations, there are many steps necessary to comply. Training employees is certainly one of them. However, FDA points out four “effective steps to prevent violations of the minimum age requirements for the sale of tobacco products.” They are: Adopting and enforcing a written policy against sales to minors; Informing its employees of all applicable laws; Establishing disciplinary sanctions for employee noncompliance; and Requiring employees to verify age by way of photographic identification or electronic scanning device.

FDA Issues Proposed Guidance on Distributing Free Samples of Tobacco Products

March 13, 2017

FDA Issues Proposed Guidance on Distributing Free Samples of Tobacco Products

The U.S. Food and Drug Administration’s (FDA) Center for Tobacco Products has released a proposed guidance document explaining how manufacturers, distributors, and retailers can comply with the agency’s prohibition against distributing free samples of tobacco products. Specifically, the guidance outlines the situations in which the sale of tobacco products – including e-cigarettes – to consumers at less than their full price (e.g., coupons, discounts, rewards programs, etc.) would not violate the ban.

New FDA Regulations and Graphic Warning Labels Lawsuit

October 7, 2016

New FDA Regulations and Graphic Warning Labels Lawsuit

On August 8, 2016, the Food and Drug Administration (FDA) began restricting retailers' ability to sell additional tobacco products beyond simply cigarettes. Such products include e-cigarettes and vaping products, rather than only traditional combustible cigarettes. These products became subject to minimum purchasing age (18) requirements and associated customer age identification verification requirements, as well as marketing and advertising restrictions and a prohibition of vending machine sales of e-cigarettes. The rules also impose these restrictions on hookah, pipe tobacco, and cigars.

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

August 5, 2016

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.

FDA to Regulate, Restrict E-Cigarettes

May 9, 2016

FDA to Regulate, Restrict E-Cigarettes

The Food and Drug Administration (FDA) has finalized a new regulation that would extend its regulatory authority to cover all tobacco products, including e-cigarettes and vaping products, rather than only traditional combustible cigarettes.

Judge Sides With Retailer in Challenge to FDA Tobacco Enforcement Practices

February 29, 2016

Judge Sides With Retailer in Challenge to FDA Tobacco Enforcement Practices

Orton Motor Company won a significant victory for tobacco retailers in recent weeks, successfully convincing a judge that the Food and Drug Administration's Center for Tobacco Products has exceeded its authority in its tobacco enforcement efforts. The legal battle was waged alongside the National Association for Convenience Stores.

February 5, 2016

President Signs E-Liquid Packaging Law

President Obama on Jan. 28 signed into law the Child Nicotine Poisoning Prevention Act of 2015, which requires the packaging of liquid nicotine containers for use in electronic cigarettes to be subject to existing child poisoning prevention packaging standards. The legislation requires that all liquid-nicotine containers have packaging that makes it difficult for children under five years old to open.

Federal Trade Commission Considers Wading Into E-Cigarette Regulation

January 14, 2016

Federal Trade Commission Considers Wading Into E-Cigarette Regulation

The Federal Trade Commission (FTC) has asked the Office of Management and Budget (OMB) to authorize a study of e-cigarette sales and marketing, potentially injecting itself into a contentious debate that will become more intense in the coming months when the Food and Drug Administration (FDA) is expected to adopt a final rule regulating electronic cigarettes and vapor/liquid nicotine products.

E-Cigarettes/Vaping Summary And Compliance Guide For Truckstops and Travel Plazas

December 3, 2015

E-Cigarettes/Vaping Summary And Compliance Guide For Truckstops and Travel Plazas

The Food and Drug Administration has issued a rule to extend its authority to regulate tobacco products, including e-cigarettes and vape-pens, which are currently unregulated at the federal level. In essence, the proposal would “deem” these products to be “tobacco products.” The Family Smoking Prevention and Tobacco Control Act automatically subjects newly deemed tobacco products to several restrictions that are more relevant to tobacco manufactures than tobacco retailers.

FDA Enforcement of Tobacco Regulations Summary And Compliance Guide For Truckstops and Travel Plazas

December 3, 2015

FDA Enforcement of Tobacco Regulations Summary And Compliance Guide For Truckstops and Travel Plazas

FDA is currently working with state enforcement agencies to conduct undercover inspections of tobacco retailers to ensure that they are complying with federal requirements. NATSO has prepared a document outlining the various issues that these inspections will cover, as well as how retailers should respond if they are accused of violating the law.

FDA Halts Sale of Four R.J. Reynolds Products

September 18, 2015

FDA Halts Sale of Four R.J. Reynolds Products

The U.S. Food and Drug Administration on Sept. 15 issued orders to stop the sale and distribution of four R.J. Reynolds cigarette products because they did not meet requirements set forth in the federal Food, Drug and Cosmetic Act.

Retailers Urged to Participate in We Card Awareness Month

August 23, 2013

Retailers Urged to Participate in We Card Awareness Month

September 1 marks the start of We Card Awareness Month. We Card is urging retailers throughout the month to train or re-train employees about the FDA regulations and state and local compliance laws concerning youth access to tobacco and alcohol.

FDA Seeks to Have Cigarette Label Case Reheard

October 15, 2012

FDA Seeks to Have Cigarette Label Case Reheard

The federal government last week formally asked for a full court review of the U.S. Court of Appeals decision that struck down the FDA's graphic labeling requirements for cigarette packages.

Legal Battle Over Graphic Tobacco Labels Could Head to Supreme Court

September 10, 2012

Legal Battle Over Graphic Tobacco Labels Could Head to Supreme Court

U.S. Court of Appeals struck down the law requiring the graphic health warnings.

RYO Tobacco Retailers Subject to Federal Tax Requirements of Manufacturers

August 27, 2012

RYO Tobacco Retailers Subject to Federal Tax Requirements of Manufacturers

Retailers with roll-your-own (RYO) cigarette machines soon will be subject to the same federal tax and regulatory requirements as tobacco manufacturers.

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