Court Pauses FDA Sign Requirement for Tobacco Products

A recent court order enjoins U.S. FDA from enforcing health warning requirements for cigar and pipe tobacco products, but retailers still should be prepared.

August 03, 2018

ARLINGTON, Virginia – Retailers selling individual cigars without packaging should be aware of a new U.S. Food and Drug Administration (FDA) warning sign requirement, but may not have to comply just yet.

Originally, the FDA mandated an August 10 deadline for retailers who sell individual, unpackaged cigars to put up signs warning about the risks associated with them. But a U.S. District court placed an injunction on the requirement until 60 days after a final decision on appeal, meaning retailers can hold off on compliance. It could be another few months before the issue is resolved. 

When and if the FDA decides to move forward with this mandatory ruling, retailers selling cigars individually without packaging must have an 8.5-by-11-inch sign “posted on or within 3 inches of each cash register where payment may be made,” according to the FDA.

To assist stores in their compliance efforts for this new FDA sign requirement, We Card has a download version for you to use. You can also create your own sign and make sure to follow FDA’s specific requirements, including size, font selection and placement.

“We think this is likely [that the FDA will look for these signs after the court case is resolved] as they go about their compliance inspections looking for illegal sales of tobacco and vaping products to minors,” said Doug Anderson, president of the We Card Program, in a statement. Anderson adds that “if you didn’t know this, it’s illegal for any retailer to sell single cigarettes—sometimes called “loosies.”

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