NACS Comments on Proposed Tobacco Regulations

FDA proposals would limit the nicotine level in cigarettes and flavorings in tobacco products.

July 17, 2018

ALEXANDRIA, Va. – Last week NACS filed comments with the Food and Drug Administration (FDA) on its advanced notice of proposed rule makings (ANPRMs) for the following tobacco-related issues:

“A tobacco product standard on nicotine levels and flavorings risks expanding the illicit trade of tobacco in the United States,” NACS states, adding that the federal government should enforce the tobacco regulations that currently exist and reduce the large problem of the illicit trade in cigarettes.

NACS, jointly with SIGMA, also provided comments on a draft concept white paper (PDF), “Illicit Trade in Tobacco Products after Implementation of an FDA Product Standard,” to ensure FDA is fully aware of the impact implementing a tobacco product standard for nicotine levels or regulating tobacco flavors will have on the illicit trade of tobacco products, and in turn, thousands of retailers across America that sell tobacco products.

In March, FDA released the ANPRMs—the first step in the long-term regulatory process—as part of a comprehensive, multi-year plan by the FDA to reduce tobacco related disease and death. FDA requested input from stakeholders on: (1) appropriate nicotine levels; (2) the rate at which a product standard should be implemented; (3) the products that should be regulated by a product standard; and (4) unintended consequences that could result from a product standard. FDA also asked for public comments on the impact fruit and menthol flavors have on tobacco products’ usage.

In all three communications to FDA, NACS noted that sales of cigarettes and other tobacco products are vital to the convenience store industry’s economic viability, which maintains nearly 90% of the cigarette market share. Tobacco products accounted for approximately 34% of in-store sales in 2017, per the NACS State of the Industry Report of 2017 Data, and tobacco products are the most regulated products the industry sells.

NACS also played a prominent role in the development of U.S. tobacco policy for the last two decades; and NACS members are deeply vested in FDA’s actions on tobacco policy.

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