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.
FDA is unfairly targeting convenience stores while allowing flavored e-cigarette products to still be sold in vape stores and online.
The Prevent all Cigarette Trafficking Act (PACT Act) became law in 2010 to help deal with problems stemming from Internet sales of cigarettes. Before the PACT Act, there were two principal problems with these sales – there was no reliable age verification of the purchasers and there was evasion of state and local taxes on the sales. The PACT Act corrected these issues. It requires internet tobacco retailers to require the delivery agents to verify the ID of the person accepting the product and it requires the collection and remittance of all state and local taxes. NACS believes that since the law has been successful in dealing with cigarettes, it should be expanded to apply to e-cigarettes as well.
NACS supports retailers verifying age on e-cigarette purchases to most responsibly sell these products long before FDA proposed its deeming rule. NACS supports its members’ ability to sell these products responsibly.
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.
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.