Topics: Food and Drug Administration

FDA Extends Comment Deadline on Proposed Menthol, Cigar Rules

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NATSO Urges FDA to Disclose PMTA Marketing Denial Orders for E-Cigarettes and Similar Products

NATSO joined national retail associations Oct. 14 in urging the Food and Drug Administration (FDA) to publish a list of ENDS products for which it has issued marketing denial orders (MDOs). The letter was sent in response to FDA’s Oct. 12 announcement that the Agency has authorized the marketing of three electronic nicotine delivery system (ENDS) products. FDA has not released a detailed list of MDOs it has issued and without a publicly available list, retailers – including fuel marketers with convenience stores – do not know which products are illegal for them to sell. More

FNS Launches SNAP Reminders for Authorized Retailers

The Department of Agriculture’s Food and Nutrition Service (FNS) issued a notice on June 30 to retailers authorized to accept Supplemental Nutrition Assistance Program (SNAP) benefits, formally known as food stamps, warning retailers against trafficking the benefits. More

Sen. Durbin Urges FDA to Publish List of Electronic Nicotine Delivery System Products

Sen. Richard Durbin (D-IL) sent a letter on Oct. 16 to the U.S. Food and Drug Administration (FDA) urging the agency to publish a list of electronic nicotine delivery system (ENDS) products for which it has received a premarket tobacco product application (PMTA). Manufacturers of ENDS products were required to submit a PMTA to FDA by Sept. 9, 2020, to remain on the market. Without a publicly available list, retailers – including travel centers – will not know which products are legal for them to sell. More

FDA to Assess Menu-Labeling Compliance

The U.S. Food and Drug Administration (USDA) on Aug. 13 said that it plans to assess industry compliance with the menu labeling requirements that went into effect more than a year ago. FDA has up until now refrained from enforcing its menu labeling regulations for restaurants and convenience stores and instead focused on education and outreach to help chain restaurants or similar retail food establishments understand the new menu labeling regulations. The Aug. 13 update, however, clearly indicates that enforcement efforts will increase in earnest. More

FDA Moves to Restrict Flavored E-Cigarette Sales

The Food and Drug Administration issued a proposal March 13 to restrict sales of flavored e-cigarettes and require that retailers establish adult-only areas or take other steps to limit access to flavored e-cigarettes to anyone under age 18. The move marks the latest in a string of aggressive steps targeting convenience stores and other smaller format retail establishments that sell tobacco and e-cigarette products, including truckstops, in recent weeks. More

FDA Aggressively Targets, Threatens Convenience Stores over E-Cigarette Sales

In the last week, the Food and Drug Administration (FDA) has taken several aggressive steps that target convenience stores and other smaller format retail establishments that sell tobacco and e-cigarette and vaping products. It is part of a growing history of FDA Administrator Scott Gottlieb targeting the convenience store industry. Last year, in a televised interview on CNBC, Administrator Gottlieb specifically mentioned "truckstops" when citing stores that do not sufficiently comply with underage tobacco sales restrictions. NATSO is very troubled by such remarks and any effort to specifically target travel centers or convenience stores. More

FDA Proposes Drastic Limitation on E-Cigarette Sales

In a policy statement issued Nov. 15, FDA Commissioner Scott Gottlieb announced the agency’s decision to move forward with significant restrictions on the sale of e-cigarettes, flavored cigars and menthol cigarettes. More

FDA Initiates Action Targeting E-Cigarette Retailers, Manufacturers

The Food and Drug Administration has put the makers of electronic cigarettes on notice that they have sixty days to demonstrate that they can keep their devices away from minors, warning that failure to do so could resulting in flavored electronic cigarette products being removed from the market. The FDA also announced that it was sending letters to more than one thousand retailers, including convenience stores and fuel retailers -- along with issuing fines for selling e-cigarettes to minors. More

NATSO Analysis: Tobacco Policy Update

Two recent developments underscore the need for all NATSO members that sell tobacco products to ensure that they are not selling tobacco products -- including e-cigarettes and vaping products -- to minors: A recent "enforcement blitz" specifically targeting retailers of JUUL products; and the Food and Drug Administration's victory in a lawsuit allowing FDA to fine retailers for multiple violations as a result of a single inspection (which NATSO had long argued is impermissible under federal law). Together these developments underscore the need for NATSO members to have strong employee training programs in place to ensure they are complying with federal law. More

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