FDA Compliance Resources for Tobacco Retailers

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FDA Compliance Resources for Tobacco Retailers

The following information is courtesy the International Premium Cigar & Pipe Retailers Association (IPCPR).

The Deeming Rule installed several new compliance obligations on retail tobacconists across the country. Below, is a quick refresher on what those obligations are and what resources are available to our retailers.

Age & ID Verification:

  • Customers must be 18 to purchase covered tobacco products;
  • Retailers must verify the age and identification of any customer under 27;
  • Vending machine sales of covered products are prohibited unless it is in a facility where the age of patrons is verified at 18 and above;
  • Retailers should have an age verification policy in place for employees that covers both federal AND state/local requirements.
  • IPCPR has provided a sample policy for retailers to review.

Sampling:

  • Retailers are prohibited from providing “free samples” of cigars or other covered tobacco products to customers;
  • Business-to-Business (B2B) samples are allowed in “limited quantity”;
  • Reward programs, coupons and buy-one, get-one (bogo) deals are allowed…with restrictions;
  • IPCPR has previously provided guidance to this point.

Warning Labels:

  • Warning label requirements are not currently in-effect and are delayed pending further legal proceedings in federal court;
  • IPCPR urges retailers to remain familiar with requirements concerning warning labels on packaging and advertising;
  • IPCPR has provided guidance on warning plan and warning label requirements for packaging, advertising, and social media use;
  • As a membership service, IPCPR has provided an FDA-approved warning plan which retailers can log into their account and opt in to.

FDA & CTP “This is Our Watch”

  • CTP has provided physical and digital print materials to tobacco retailers around the country;
  • The materials include age verification calendars, flyers, tent cards and stickers that are listed on their website.

For all the latest news from IPCPR, visit ipcpr.org.

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