WASHINGTON - The Food and Drug Administration (FDA) webinar for retailers reviewed some of the most frequently asked questions small businesses have asked regarding FDA??s tobacco regulations. The March 6 webinar did not reveal any new information, but simply reiterated tobacco retailers?? legal obligations. Here is an overview:

• Advertisements: Cigarette advertisements may not include descriptors ("light," "ultra-light," etc.) and must include the Surgeon General??s warning.
• Graphic warning labels: In light of last week??s litigation court ruling that FDA??s requirements for graphic warning labels on cigarette packages were unconstitutional, tobacco retailers and manufacturers are not expected to comply with that rule??s mandates during the pending litigation.
• Free Samples: Retailer may not distribute free samples of cigarettes, and free samples of smokeless tobacco may only be distributed in facilities where minors under the age of 18 are not permitted to enter.
• Gifts: Retailers are prohibited from offering any benefit to a customer in return for purchasing cigarettes or smokeless tobacco (except for free matches) unless that benefit is discounted cigarettes or smokeless tobacco. Also, retailers may not offer discounted cigarettes or smokeless tobacco in return for any non-tobacco purchase (such as gasoline). FDA has indicated to NACS, however, that customers may redeem "loyalty points" by buying cigarettes or smokeless tobacco, but retailers may not count purchases of cigarettes or smokeless tobacco as points in any such loyalty or affinity program.
• E-Cigarettes: Although FDA did not appeal last year??s judicial ruling that e-cigarettes are not "drugs or devices" and thus not subject to those products?? strict regulatory treatment, FDA indicated that it has the authority to issue regulations regulating e-cigarettes as cigarettes, and that it may propose such regulations in the future.

FDA has not announced when its next tobacco compliance webinar for retailers will take place. If you missed the March 6 webinar, it is online.

If you want to learn more about how to navigate FDA's Civil Monetary Penalty Process and better understand retailer responsibilities and compliance requirements, register for the free March 14 webinar sponsored by NACS and We Card.