NACS

NACS Urges Retailers to Tell the FDA How E-Cigarette Plan Would Affect Their Stores

April 15 is the deadline to weigh in on the proposed restrictions on sales of flavored e-cigarettes.

Apr 01, 2019

ALEXANDRIA, Va. – The U.S. Food and Drug Administration (FDA) effectively banned gas stations and convenience stores from selling most flavored electronic cigarettes under its new draft guidance, “Modifications to Compliance Policy for Certain Deemed Tobacco Products.”

The restrictions likely will be finalized and implemented over the next few months, meaning that brick-and-mortar retailers will be unable to sell flavored e-cigs other than tobacco, menthol or mint unless minors are restricted from entering the store or if those items are sold in a separate location in the store that minors are prohibited from entering.

As proposed, the FDA’s plan sets a dangerous precedent. The proposal threatens to ban the sale of flavored e-cigarette products in convenience stores and focuses enforcement on the c-store industry, while favoring the sale of these products in vape shops and on the Internet. Tobacco products are a major driver of traffic into convenience stores. In 2017, e-cigarette sales totaled over $1.1 billion.

Banning the convenience industry from selling e-cigarettes will harm adult smokers who purchase e-cigarettes in lieu of other tobacco products.

While NACS will be submitting comments on the industry’s behalf, it urges its members to reach out to the FDA as well. Members are encouraged to share their personal stories about how the proposed ban would affect their stores and inform the FDA about the measures stores already take to verify the age of their customers and ensure that they comply with federal laws.

NACS encourages members to personalize the template letter NACS has prepared and upload their comments to www.regulations.gov by Monday, April 15.

Tobacco

NACS serves the global convenience and fuel retailing industry by providing industry knowledge, connections and issues leadership to ensure the competitive viability of its members’ businesses.


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