NACS Files Comments with FDA on E-Cigarette Rulemaking

Letter urges agency to help create a level playing field for c-store operators.

August 11, 2014

WASHINGTON – Last Friday, NACS filed comments with the Food and Drug Administration in response to FDA’s proposed “deeming regulation” that would bring e-cigarettes and other tobacco products under the Agency’s jurisdiction.  The FDA’s proposed rule, which is not expected to be finalized until 2015 at the earliest, would apply its current regulations covering cigarettes to electronic cigarettes as well.  These regulations include age and identification requirements to restrict sales to youths under 18 and prohibitions on free samples and vending machine sales.

In its comments, NACS expressed support for the proposed provision requiring retailers to ensure that anyone who seeks to purchase e-cigarettes is at least 18 years of age.  In fact, NACS has encouraged its members to adopt this approach as a best practice since before the FDA’s proposal was released.

NACS did express some concerns with the proposed rule, however.  For example, NACS opposed a provision that would require sellers of individual cigars to place a warning statement adjacent to each cash register in a store. NACS also asked for the rule’s effective date to be extended from 30 days after it is finalized to 120 days.  This would provide retailers sufficient time to train their employees to comply with the new regulations, NACS said in its comments.

In addition, NACS argued that the final rule should be extended to cover online sales of e-cigarettes and other tobacco products, and not only brick-and-mortar sales.  NACS further urged FDA to enforce its regulations against Tribal retailers to the same extent that it enforces them against non-Tribal sellers.

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