As of Aug. 10, 2018, retailers cannot sell or distribute tobacco products without the updated warning statement unless the tobacco product falls under the “safe harbor” provision. To fall within the FDA safe-harbor exception, a retailer can sell a covered tobacco product after the August deadline if three conditions are met.

—The package for the covered tobacco product “contains a health warning.”
—The covered tobacco product is supplied to the retailer by a manufacturer, importer or distributor who has a required state, local or federal Alcohol Tobacco Tax and Trade Bureau (TTB) issued license or permit.
—The health warning is not altered by the retailer.

Photo courtesy of CSP