cigarettes

Decoding Haverstraw’s Questionable Tobacco Display Ban

With various federal laws banning or limiting certain cigarette product advertising, cigarette packaging itself has become a commercially accepted form of advertising. By John Lofstock, Editor. In early April, the Village of Haverstraw, N.Y., adopted a first-of-its-kind ordinance in the U.S. that requires retailers to keep tobacco out of public view. To learn more about

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FDA Seeks Comments on Draft Guidance

FDA has posted a draft guidance to help persons submitting applications for new tobacco products understand the premarket tobacco product application process. The draft guidance addresses questions such as: •    Who may submit a new tobacco product application •    When to submit a new tobacco product application •    What information the FD&C Act requires you

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Strong Demand for Cigars

Flavored and single-serve cigars represent a real opportunity for convenience stores to boost tobacco sales. By Howard Riell, Associate Editor. With flavored cigarettes no longer available in the U.S., flavored cigars are in line for sharp sales gains. But with FDA having declared last year that it’s got the cigar industry in its sights, retailers

Possible Regulation Ahead For Cigars

Increased regulation could be ahead for cigars in 2011. In the Dec. 20, 2010 issue of the Federal Register, the Department of Health and Human Services published the agency’s semi-annual “Regulatory Agenda” which provides a forecast of rulemaking actions under development that the agency expects to undertake. The FDA is a part of the Department

FDA Loses Appeal On E-Cigarettes

The U.S. Food and Drug Administration (FDA) does not hold the authority to regulate electronic cigarettes under the drug/device provisions of the Food, Drug and Cosmetic Act, according to a ruling by an appeals court, which upholds a decision by a lower-court, BusinessWeek reported. The U.S. Court of Appeals in Washington said today the FDA

TRO Extended On Commercial RYO Machines

Companies with RYO cigarette making machines can breath easy for a few more weeks after a judge extended the temporary retraining order (TRO) prohibiting the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) from enforcing the bureau’s recently issued rule regulating commercial RYO cigarette making machines. The restraining order, originally issued on Nov. 15,

NATO Meets With CTP on Tobacco Rules

The National Association of Tobacco Outlets’ (NATO) board members, and Dr. Lawrence Deyton, director of the FDA’s Center for Tobacco Products (CTP) and his staff held a meeting on Oct. 29 to discuss the FDA’s pending guidance document that includes recommended elements of a tobacco retailer clerk training program. NATO had two overall goals for

West Virginia: RYO Machines Violate Law

The West Virginia Department of Revenue has issued Administrative Notice No. 10-26,  which rules that allowing customers to use roll-your-own cigarette machines inside retail stores is now considered to be the illegal manufacturing and selling of unstamped cigarettes, the National Association of Tobacco Outlets (NATO) reported. The notice went on to call large RYO machines

NATO Responds to FDA’s Proposed Training Program

The National Association of Tobacco Outlets (NATO) has responded to the FDA’s proposed guidance on tobacco retail training programs. Under the FDA law, retailers are not required to train employees on how to prevent the sale of regulated tobacco products to minors. However, if tobacco products are sold to a minor, the retailer will be

Confused on FDA Tobacco Regulations?

If you’re confused on the myriad of FDA tobacco regulations, you’re not alone, and help is on the way. The FDA’s Center for Tobacco Products has announced the dates, times and locations of four additional retailer training sessions on the new federal tobacco regulations. These training sessions are scheduled in Atlanta, Georgia, Chicago, Illinois, Dallas,

Mail Order Cigarette Ban Upheld

Seneca cigarette businesses cannot ship cigarettes through the U.S. Postal Service, according to a federal district court ruling last week. Judge Richard Arcara upheld the mail-order ban contained in the Prevent All Cigarette Trafficking (PACT) Act but temporarily exempted more than 140 Seneca-owned businesses from a provision requiring them to comply with all taxing laws

PACT Act Confusion

The federal Prevent All Cigarette Trafficking Act (PACT Act) goes into effect today, June 29, 2010. PACT Act is set to regulate the sale of cigarettes, roll-your-own tobacco and smokeless tobacco sold over the Internet or by mail order to consumers. But, one provision of the PACT Act has caused some confusion, according to the

FDA Issues Draft Guidance on Tobacco Products

As June 22 inches closer, the day the Food and Drug Administration’s Center for Tobacco Products’ new tobacco regulations go into effect, the agency has responded to retailer confusion regarding the ability to sell existing inventory of tobacco products labeled “light” “mild,” etc. On Saturday, June 5, the FDA’s Center for Tobacco Products issued a

A Rocky Ride for RYO

Proper Handling Quality counts—especially with tobacco, something c-store operators had better keep in mind. Kevin Paige, owner of three Butthead’s Tobacco Emporiums in Danbury, Conn., said he is trying to distance himself from the c-store channel when it comes to tobacco. “Although I operated my own c-stores for over 20 years, I don’t think the

Breaking Down the PACT Act

Convenience store owners scored a major victory in March when the House and Senate passed the Prevent All Cigarette Trafficking (PACT) Act in a near unanimous vote, which forbids the U.S. Postal Service from delivering cigarettes directly to consumers. At presstime, President Obama was expected to sign the bill into law. The PACT Act aims

FDA Issues Final Rule On Tobacco

The FDA has released its final rules regarding the sale of tobacco. Retailers will need to be in compliance with these rules by June 22, 2010. Today’s action by FDA restricts the sale, distribution and use of cigarettes and smokeless tobacco, including provisions that:             •            Prohibits the sale of cigarettes or smokeless tobacco to

Senate Passage of PACT Act a ‘Major Win’ for Retailers

The March 11 Senate passage of the Prevent All Cigarette Trafficking Act (PACT Act), which addresses the long-standing convenience store industry concern of tax evasion via remote sellers of tobacco products, is a “major win” for retailers, according to NACS Senior Vice President of Government Relations Lyle Beckwith. Authored by Sen. Herb Kohl (D-WI) and

New Cigarette Rules Proposed Today In New York

This afternoon, the state tax department of New York will issue regulations to collect taxes on cigarettes sold by Indian retailers, The Buffalo News reported. The new plan looks to collect the tax “upstream” rather than from Indian retail shops. Tobacco manufacturers will be required to sell cigarettes only to licensed stamping agents, certifying that

Arkansas Court Sides With General Tobacco

  An Arkansas Court has denied the Arkansas Attorney General’s motion to remove General Tobacco’s cigarette brands from the directory of approved brands to sell in that state and ordered the Arkansas Attorney General to arbitrate the dispute ordered in 2006, holding that General Tobacco’s cigarette brands may continue to be sold lawfully in Arkansas.  Since

Federal Judge Sides With Electronic Cigarettes

A U.S. judge has ruled that the U.S. Food and Drug Administration (FDA) does not have the authority to regulate electronic cigarettes, The Wall Street Journal reported. In a 32-page opinion, U.S. District Judge Richard J. Leon sided with electronic cigarette maker Smoking Everywhere Inc., and found that the FDA did not have the authority

FDA Clarifies Flavored Cigarette Ban

The FDA hosted a media briefing this morning and has posted documents on the FDA Web site issuing additional information regarding the ban on flavored cigarettes, authorized by the Family Smoking Prevention and Tobacco Control Act that was signed into law in June. According to the new documents, cigarettes containing an artificial or natural flavor

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