Starting today and continuing over coming months, "FDA will engage retailers through the use of both traditional and nontraditional forms of outreach to equip them with the tools and information to carry out, and comply, with [image-nocss] the new regulations," FDA spokesperson Kathleen Quinn told CSP Daily News.
While Quinn said specific penalty information is not readily available, the FDA's Center for Tobacco Products has announced the first in a series of compliance and enforcement contract awards to two states: Maine and Massachusetts.
"These states will hear from FDA shortly about certain activities, including the formal commissioning of state officials and the subsequent training program that will be required before enforcement actions can commence," Quinn said. "As each state is awarded a contract, the same process will take place. That said, for those who did not receive or didn't submit [contracts], enforcement will still take place."
Among the regulations that kick in today:
The banning of "light," "mild" and "low-tar" terminology on cigarette packaging. (Retailers can sell-through any inventory they currently have on hand, however.) Requirements for larger, bolder health warnings on smokeless tobacco products, with larger cigarette warnings to follow. Prohibiting the sale of cigarettes, roll-your-own tobacco and smokeless tobacco products in vending machines, self-service displays or other impersonal modes of sales. (Vending machines and self-service are allowed in facilities where retailers ensure that no one younger than 18 years of age is present.) Terry Gallagher Jr., president of Boulder, Colo.-based retailer and supplier Smoker Friendly, told CSP Daily News the regulations are "terrible and unneeded, creating just a whole new level of bureaucracy."
As a retailer, he said, "Enforcing age restriction or adult-only in our stores will border on the inane! We will be adding even larger signs to communicate with our adult consumers that we do not allow anyone under the age 18 in our stores and that a parent must leave a child outside our shops (threatening the safety and welfare of the child in some instances) and putting the onus on our store associates to be 'cops' when the same consumer can walk into thousands of bars or liquor stores around the country with their child. This is outrageous in my mind."
As the owner of the Smoker Friendly brand of products, he is concerned about regulation on the use of differing colors to designate cigarettes once referred to as "light." For example, the FDA sent a letter to Altria Group Inc., makers of Marlboro and other products, this part week for saying on onserts that while the packaging is changing, the cigarette stays the same. The onserts advised: "In the future, ask for 'Marlboro in the Gold Pack." (Click here for previous coverage.)
"It is outrageous to me that the FDA is now coming back at this late date and questioning the use of colors in our packaging," Gallagher said. "I can't believe that this is not trampling on our consititutional rights at this point. I've seen the letter that the FDA sent Altria on the use of the color gold, and I personally think this is an unbelievably warped interpretation of the rules and the effect it may have on all manufacturers. Everything about the FDA and how they will enforce is very scary to me."
Kenneth S. Young, owner/operator of Young's Tobacco Stores in Nederland and Port Neches, Texas, participated in an FDA Tobacco Retailer Education WebDialogue on May 26, and said the FDA has been good about fielding retailer questions, and that it has been fairly easy to comply.
Young told CSP Daily News that most manufacturers had changed out their packaging from the "light" and "low-tar" designations some time ago. "They provided signage with the bigger warning labels, or they sent their representatives of their company out to just pull everything you had that did not meet the new laws. So the tobacco companies were above board."
Young said he's still got some of the products with the taboo words, but not that much. Manufacturer R.J. Reynolds had gotten new product to him earlier in the year, and Altria Group's Phillip Morris USA had started in the last couple of weeks. He said some of his fourth-tier and fifth-tier companies haven't come out with the new products yet, but that he typically carries 10 to15 cartons of those at a time, compared to 2,000 cartons of Marlboro.
Young said that while he is complying, he doesn't agree with some of the changes. "I think some of the changes are foolish, but it's the law, and it's up to us to make sure we understand the law and stay up on the law.... Putting a bigger warning label is not going to make somebody not smoke something. Changing something that's for years been saying 'light' and 'ultra light' isn't changing anything; they're just coming out with a cigarette that says blue instead of light or silver instead of ultra light."
As for customer reaction, Young said, "Most of the people just laugh at it. People come in and say, "Why does this say 'blue' now?"
Quinn said that the FDA's communications with retailers will continue: "The FDA will also request feedback from all audiences, as well as engage retailers as reviewers, as the campaign gets under way in order to evaluate the success of the campaign and make any necessary revisions."
Next on tap for the FDA's Center for Tobacco Products is a Web-based public meeting on Wednesday, June 30, to discuss development of an enforcement action plan on promotion and advertising of menthol and other cigarettes to youth.
(Click here to view this week's CSPTV segment featuring NATO's Thomas Briant: "Tobacco Realities": A year after SCHIP and regulation, where do tobacco retailers stand? And are there any bright spots?)
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