As with menthol, the implications of what would in effect be a ban on smokeless are crystal clear for the convenience industry: Data from the NACS 2016 State of the Industry Survey showed sales of smokeless accounted for more than 60% of the other tobacco products (OTP) category.

NATO cited similar data in its comments to the FDA, citing that cigarettes and OTP account for nearly 36% of all in-store sales at c-stores, with 87% of smokeless-tobacco purchases occurring in convenience.

Because of these factors, NATO officials warned the “financial harm” to convenience retailers would be “serious” if the currently proposed NNN regulations are enacted.