Tobacco
Tobacco is a legal product sold responsibly in convenience stores and is a category that is important to the economic viability of the convenience store industry.
Retailers will need to post tobacco health warning signs supplied by Altria, RJ Reynolds and ITG Brands under an agreement the tobacco firms reached with the U.S. Department of Justice.
FDA published proposed rules banning menthol cigarettes and flavored cigars.
FDA issues guidance banning fruity and mint flavored cartridge-based e-cigarettes on the market.
In an effort to reduce the incidence of smoking, particularly among minors, and to improve the safety of tobacco products, Congress passed a law giving the Food and Drug Administration regulatory authority over the manufacturing and retailing of tobacco.
In 2020, FDA finalized a rule establishing new health warning labels for cigarette packages and advertisements. As part of its rule, retailers were required to submit a plan to FDA if they create or produce cigarette advertisements. However, on December 7, 2022 a federal court vacated the FDA’s graphic health warnings regulations. At this time, retailers are no longer required to submit to FDA tobacco health warning advertising plans.
The cigarettes produced with pipe tobacco at a lower tax rate put retailers who sell legal products and pay the applicable cigarette taxes at a considerable disadvantage.
Synthetic nicotine products are now under FDA’s regulatory authority. Any retailer selling these products must verify that the manufacturers have submitted premarket tobacco applications to FDA or remove the products from shelves by May 14, 2022.
Congress raised the minimum age to purchase all tobacco products to 21 years old.