CSP Magazine

Regulation Nation: Tobacco

Three local measures (and one national) that could affect U.S. tobacco retailers in 2016

Chicago

Law: City-Funded Anti-Vaping Campaign

Status: Launched in December 2015

Why You Should Care: The vaping segment is already plagued by mixed messages, partially because of the CDC’s ads targeting e-cigs (which launched last March). More cities and states following Chicago’s lead could result in further consumer confusion—not a great thing for the struggling segment.

St. Paul, Minn.

Law: C-Store Flavor Ban

Status: Passed Jan. 6, 2016

Why You Should Care: Just as in Minneapolis, the St. Paul measure bans flavors in c-stores but not in age-restricted tobacco shops, despite the fact that c-stores have fared well in age-verification compliance checks.

Trenton, N.J.

Law: 21 Minimum Purchase Age

Status: “Pocket vetoed” by Gov. Chris Christie

Why You Should Care: If passed, New Jersey would have become the second state (after Hawaii) to go “21.” Though it was passed by the state’s Democrat-led legislature, Christie effectively vetoed it by not signing the measure into law. Perhaps the mainland is not ready to embrace 21-and-over.

Washington, D.C.

Law: The FDA’s Menthol Report

Status: Court of Appeals reinstates menthol report, January 2016

Why You Should Care: This is technically a national issue, but it’s easily the biggest tobacco-related news of 2016 (at least at the time CSP went to print). Potential FDA menthol regulations stalled two years ago after a federal judge ruled the FDA could not use a 2011 advisory panel report because its members had conflicts of interest. Now, further regulations are back in play, thanks to a U.S. Court of Appeals decision that overturned the district court ruling. Euromonitor International estimates menthol accounts for 28% of U.S. cigarette sales, so further regulations (or even a ban) could create big problems for retailers.

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