WASHINGTON – Last week the FDA’s Center for Tobacco Products (CTP) hosted a webinar, “Compliance Training for Tobacco Retailers: Warning Letters,” in which the CTP clarified that at this time, convenience store inspections will seek to ensure that retailers are:- Verifying the age of all tobacco purchasers who appear under the age of 27, only selling cigarettes to those over the age of 18;
- Only selling tobacco products in a direct, face-to-face exchange;
- Not offering free samples of cigarettes or smokeless tobacco;
- Not selling flavored cigarettes or cigarette packages containing fewer than 20 cigarettes; and
- Not giving away items with tobacco brands or logos, or offering gifts or items (including cigarette lighters) in exchange for the purchase of tobacco products.
CTP indicated that it will be issuing regulations in the future on retailer training programs, wherein it’s expected the center will detail what retailers can do to have their employee training programs pre-approved by the FDA and receive lower penalties for violations. NACS has urged FDA to approve the We Card program as an adequate training program warranting lower penalties.
Until those regulations are issued, FDA said it would continue giving all retailers less severe penalties as though they had an adequate training program in place.
Finally, the webinar indicated that retailers might be penalized for multiple violations resulting from a single inspection. NACS does not believe the Tobacco Control Act permits FDA to do this, and encourages all retailers to mount a legal challenge against any attempt to seek penalties for multiple violations resulting from one inspection.