IPCPR Legislative | Are you in Compliance with the FDA? Resources for Retailers

Are you in Compliance with the FDA? Resources for Retailers

01 Oct Are you in Compliance with the FDA? Resources for Retailers

The Deeming Rule installed several new compliance obligations on retail tobacconists across the country.  Below, is a quick refresher on what those obligations are and what resources are available to our retailers.

Age & ID Verification:

  • Customers must be 18 to purchase covered tobacco products;
  • Retailers must verify the age and identification of any customer under 27;
  • Vending machine sales of covered products are prohibited unless it is in a facility where the age of patrons is verified at 18 and above;
  • Retailers should have an age verification policy in place for employees that covers both federal AND state/local requirements.
  • IPCPR has provided a sample policy for retailers to review.

 

Sampling

  • Retailers are prohibited from providing “free samples” of cigars or other covered tobacco products to customers;
  • Business to Business (B2B) samples are allowed in “limited quantity”;
  • Reward programs, coupons and buy-one, get-one (bogo) deals are allowed…with restrictions;
  • IPCPR has previously provided guidance to this point.

 

Warning Labels

  • Warning label requirements are not currently in-effect and are delayed pending further legal proceedings in federal court;
  • IPCPR urges retailers to remain familiar with requirements concerning warning labels on packaging and advertising;
  • IPCPR has provided guidance on warning plan and warning label requirements for packaging, advertising, and social media use;
  • As a membership service, IPCPR has provided an FDA-approved warning plan which retailers can log into their account and opt in to. 

 

FDA & CTP “This is Our Watch”

  • CTP has provided physical and digital print materials to tobacco retailers around the country;
  • The materials include age verification calendars, flyers, tent cards and stickers that are listed on their website.


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