FDA Tobacco Compliance
On June 23, 2009, President Obama signed into law the Family Smoking Prevention and Tobacco Control Act. The Act comprehensively regulates the retail sales of cigarettes and smokeless tobacco, as detailed in the documents and resources below. The bulk of the initial regulations became effective on June 22, 2010.

Frequently Asked Questions

Not sure where to start? Click on the links below to view FAQs on the following topics:

FDA Regulations in General

• NACS Regulatory Compliance Guide Summary
• November 30, 2009, Letter from NACS to FDA on the Implementation of the Tobacco Control Act
• March 19, 2010: Final Rule
• June 3, 2010: Draft Guidance on the Final Rule
• June 24, 2010 Congressional Research Service Report on FDA's Final Rule
• June 29, 2010 Presentation by Center for Tobacco Products Director Dr. Lawrence Deyton Entitled "Inaugural Year and Looking Ahead"
• FDA Publication: “Tobacco Retailers and the FDA”
• FDA Center for Tobacco Web site for Retailers
• November 10, 2010: "Ending the Tobacco Epidemic: A Tobacco Control Strategic Action Plan for the U.S. Department of Health and Human Services"
• FDA Civil Fines Summary

Advertising

• Visit FDA's Cigarette Health Warning Webpage
• Read the Press Release
• Read the Frequently Asked Questions
• Read the Consumer Update
• March 19, 2010: FDA Request for Comment on Advertising
• NACS Amicus Brief in Litigation on Black and White Advertising
• July 19, 2009: NACS Comments to FDA on Advertising

Age Verification

• June 9, 2010: FDA Compliance With Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents
• FDA Frequently Asked Questions: Protecting Kids From Tobacco

Enforcement/Penalties

• Monetary Penalties for Violations
• June 8, 2010: FDA Enforcement Policy Regarding Warning Label Rotation
• Civil Money Penalties and No-Tobacco-Sale Orders for Tobacco Retailers
• August 31, 2010: Draft Guidance for Food and Drug Administration Staff and Tobacco Retailers on Civil Money Penalties and No-Tobacco-Sale Orders for Tobacco Retailers; Availability
• FDA Enforcement Action Plan for Tobacco Promotion and Advertising Restrictions
• Steptoe & Johnson LLP Memorandum on "FDA Enforcement Action Plan for Tobacco Promotion and Advertising Restrictions"
• Guidance for FDA and Tobacco Retailers: Civil Money Penalties and No-Tobacco-Sale Orders For Tobacco Retailers
• We Card's Summary of Civil Money Penalty Process

Gifts and Promotions

• July 7, 2010, Letter from FDA to Senator Judd Gregg Regarding Free Matches

Labeling

• May 7, 2010: Guidance Document on Use of Brand Names and Black and White Labeling
• June 10, 2010: Guidance Regarding "Descriptor" Labeling

Menthol/Flavored Cigarettes

• December 23, 2009: Guidance Concerning Flavored Cigarettes
• NACS Comments to the Tobacco Products Safety Advisory Committee on Menthol

Retailer Training

• March 19, 2010: Letter to Retailers on Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco
• July 1, 2010, FDA Announcement on Retailer Training Sessions
• July 13, 2010 Draft Guidance for Industry/Tobacco Retailer Training Programs
• July 2010: FDA/CTP Presentation on 'Compliance Training for Retailers'
• September 14, 2010: NACS Comments to FDA on Retailer Training Programs

Webinars

FDA Tobacco Regulations Are Effective Next Week: Are You Ready?
Webinar occurred June 15, 2010
Tobacco retailers are subject to a number of new regulations taking effect June 22, 2010. Learn what you must do to comply with the law as the FDA implements its new requirements.

• Presentation slides
• Webinar video

Federal Regulation of the Retail Sale of Tobacco Products
Webinar occurred March 22, 2010
The enactment of the Family Smoking Prevention and Tobacco Control Act imposes numerous new regulations on retailers of tobacco products. NACS outlines those requirements in two categories: regulation currently in effect and regulation we know is coming soon.

• Presentation slides
• Webinar video