NACS Provides Comments to FDA on Tobacco Marketing

The letter also covers comments on non-face-to-face sale and distribution of tobacco products as well as advertising and promotion.

January 20, 2012

WASHINGTON, D.C. - NACS has sent comments to the U.S. Food and Drug Administration (FDA) regarding its Advanced Notice of Proposed Rulemaking for the non-face-to-face sale and distribution of tobacco products and advertising, promotion, and marketing of tobacco products.

In the letter, NACS requested the agency to enforce all tobacco regulations against brick-and-mortar stores and online retailers. The comments emphasized the effort of convenience stores to combat underage purchases of tobacco products, highlighting the We Card program.

"FDA should, for example, do what it can to help prevent tax evasion by online sellers of cigarettes. In addition, FDA should require delivery personnel delivering tobacco products to check the identification not only of the delivery??s recipient, but also of whomever purchased the product online (in the event that the two are different).

"And, it is imperative that there be strong federal enforcement of all requirements with respect to Tribal sales of tobacco products, both in stores and on the Internet. This cannot be outsourced to tribes that have an economic interest in selling tobacco. Finally, for all regulations relating to signage and marketing, images on websites should be regulated just like in-store signage in order to ensure FDA??s policy objectives are met and eliminate any regulatory gaps."

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