Tobacco Compliance: FDA Extends Comment Period
NACS continues to urge retailers to tell the agency how the e-cigarette plan would affect their stores.
Apr 10, 2019
WASHINGTON – 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effectively banned gas stations and convenience stores from selling most flavored electronic cigarettes under its new draft guidance, “Modifications to Compliance Policy for Certain Deemed Tobacco Products.”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.
Following requests from the public, the agency has extended the comment period by 15 days to end on April 30. The agency believes that a 15-day extension will allow adequate time for additional comments to be submitted without significantly delaying the process to finalize this guidance. The public may submit either electronic or written comments through April 30.
While NACS will be submitting comments on the industry’s behalf, it urges retailers to reach out to the FDA as well. Retailers 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 Tuesday, April 30.
