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Source::

2017 State of Tobacco Retailing, Balvor LLC, Convenience Store News, Tobacco Business Magazine

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OPERATIONS

Acing

FDA

AgeVerification

Rules

The FDA now requires retailers to card anyone under age 27—

which can make selling online problematic.

BY JENNIFER GELFAND

S

Since the FDA’s deeming regulations went into

effect on August 8, 2016, anyone selling tobacco

products must verify that the purchaser is over

18 years old. In a face-to-face transaction, that

sounds simple enough—just instruct your em-

ployees to verify your customer’s age by asking

for a government-issued photo I.D. (As the chart

at right shows, most brick-and-mortar shops do

that fairly well.) Online, however, it becomes

much more difficult. 

 That’s an issue that may well reshape the com-

petitive landscape in vapor retail, where Intenret

retailers account for a significant percentage of

overall sales. As Jacopo D’Alessandris, CEO of

Darien, Connecticut-based E-Alternative Solu-

tions, notes in our cover story on page 66, age

verification is far more complicated and expen-

sive to do over the Internet.

 Those who primarily sell online initially tried

to solve this issue by outsourcing to one of the

many age-verification services that claimed to be

able to streamline the process for both seller and

customer. In theory, rather than having signed

documents attesting to a buyer’s age as well as

a filed copy of their government-issued I.D., the

third-party verification service would use soft-

ware to cross-check a buyer’s age against a data-

base of personal information.

 Unfortunately, in many cases the claims of

third-party companies to be able to perform that

check proved unfounded. As one shop noted in a

website post directed at its customers, “The tech-

nology doesn’t quite seem to be there to fully sup-

port proper age-verification techniques.” That

notice went on to detail the issues that the com-

pany had experienced with a top-ranked age-ver-

ification supplier, and to note that “the next-larg-

est age-verification provider available only has a

60 percent match rate for age verification data.”

Further complicating matters, some states

have adopted their own more restrictive age-ver-

ification standards. For example, in California,

online retailers are required to call customers

after 5 p.m. to verify the order before shipping.

IN-STORE AGE VERIFICATION

AGE-

VERIFICATION

PRACTICES

COVERED

PRODUCTS

DEFINITION

SALE

REFUSAL

GUIDANCE

POLICY

REVIEW

VERIFICATION

WRITTEN

POLICY

EMPLOYEE

ASSESMENT

[ 30 ]

TOBACCO BUSINESS

[

MAY

/

JUNE

|

17 ]

(PREVALENCE OF KEY COMPONENTS)