While the Family Smoking Prevention and Tobacco Control Act gave the FDA the authority to impose an NTSO, it wasn’t until 2015 that the agency provided guidance on the length of time an order may be issued for.
— First NTSO: 30 days
— Second NTSO: Six months
— Third or more NTSO: Permanent prohibition from selling tobacco products
In determining the time frame of an NTSO, the FDA considers the nature, circumstances, extent and gravity of the violations. It also considers the retailer’s ability to pay, the effect on their ability to continue to do business, any history of prior violations and the degree of culpability.