FDA Issues Key Clarifications on Tobacco

Retailers may continue to give away free matches with cigarette purchases.

June 08, 2010

WASHINGTON - On Monday, NACS learned of two important decisions that the Food and Drug Administration (FDA) has made in the implementation of the Tobacco Control Act. Yesterday, NACS Daily reported on a larger guidance document regarding Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco To Protect Children and Adolescents issued late last week.

First, FDA staff has determined that retailers may still offer free matches with the purchase of cigarettes. As NACS previous guidance on this issue reflected, there was a great deal of uncertainty on this point, because the new law generally bans free "gifts or items" with the purchase of tobacco products. The FDA€™s interpretation now explains that retailers can continue giving away free matches.

Second, the FDA issued guidance regarding so-called "descriptors" on cigarette packages, such as light, low or mild. Under the Tobacco Control Act, manufacturers may no longer use these descriptors in manufacturing cigarette packages beginning June 22, 2010.

In its guidance, the FDA has clarified that retailers may still sell cigarettes with these descriptors so long as they were manufactured prior to June 22, and put into commerce before July 22. In other words, there is an unlimited "pass through" for cigarettes delivered to retailers so long as the products meet these conditions.

NACS will be updating its tobacco Web site materials relating to the implementation of the Tobacco Act rules frequently in the run up to June 22, when the final rules take effect.

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