FDA Issues Enforcement Guidance on Advertising, Trade Names

FDA holds off on enforcement of black-and-white-only advertising and the marketing of tobacco products using brand names of non-tobacco products.

May 06, 2010

WASHINGTON - On Tuesday, the Food and Drug Administration released two important clarifications on provisions of the Family Smoking Prevention and Tobacco Control Act (Tobacco Act), legislation that gives the agency regulatory authority over the manufacture and retailing of tobacco.

First, the FDA announced that it will not enforce the black-and-white-only requirement on all advertising of cigarettes and smokeless tobacco. This requirement was struck down early this year in Federal court, and as such, FDA says it will not enforce the requirement while the case is under appeal. NACS President and CEO Hank Armour expressed industry concerns about this issue in an April letter to FDA. Until further notice, retailers should continue to advertise as they always have.

FDA's second announcement is that it will refrain from enforcement against the marketing of tobacco products using brand names of non-tobacco products if certain conditions are met, including whether the product was marketed before June 22, 2009. Both of these provisions would otherwise have been subject to FDA's enforcement authority on June 23, 2010, when the FDA's final regulations under the Tobacco Act take effect.

Read the full text of FDA's announcement.

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