retail sales bans and restrictions

The Issue:

In 2009, the Family Smoking Prevention and Tobacco Control Act passed, giving the U.S. Food & Drug Administration authority to regulate tobacco products. In 2016, the FDA extended its regulatory authority to all tobacco products, including cigars, e-vapor products, and other products containing tobacco derived nicotine. However, a number of state and local governments are considering laws to further and unfairly regulate tobacco products. For example:

State and local governments continue to consider measures to further restrict the sales of tobacco products. These include:

  • Geographic restrictions on where tobacco products can be sold
  • Bans on tobacco sales at certain retail outlets
  • Advertising and marketing restrictions
  • Bans on menthol cigarettes and flavored dip and cigars
  • Bans on coupons and discounts for tobacco products
  • Bans on the display of tobacco products in stores

Unlike the state legislative process, where proposed tobacco tax increases and new regulations typically are considered at multiple levels—by committees, both houses of the legislature, and the governor—before becoming law, local laws often are proposed and enacted very quickly.  As a result, retailers and wholesalers often have little or no time to share the perspective of business owners and local employers.

Why Unfair Local Regulation of Tobacco Products Matter to You

Additional state or local sales bans, and advertising and marketing restrictions at the point of sale can block the legitimate promotion of tobacco products, interfere with the ability to communicate with adult tobacco consumers about specific tobacco brands, and place additional burdens on retail establishments, especially small businesses, who already have to comply with a multitude of rigorous laws and requirements.

  • Once passed, these local laws can subject retailers who operate stores in multiple jurisdictions to a patchwork of different laws and regulations, significantly increasing compliance costs and subjecting retailers to possible fines and other penalties.
  • Sales bans and restrictions can place local retailers at a severe disadvantage from their competitors in nearby towns.  If adult tobacco consumers are denied the opportunity to identify the tobacco products they wish to purchase or are prohibited from buying a preferred flavored tobacco product, some may shift their purchases to nearby stores in other jurisdictions that don’t have these restrictions. While there, they would likely purchase other items like bread, milk, and household items on which stores depend.
  • Tobacco products display bans, which require a retailer to keep tobacco products out of sight from consumers, violate a retailer’s constitutional rights. A retailer’s display of a lawful product for sale is commercial speech and is protected by the First Amendment. Displaying a product in a retail store informs consumers that the product is for sale, communicates product attributes, and allows adult consumers to differentiate between products.

Food and Drug Administration Regulation

In June 2009, President Obama signed the Family Smoking Prevention and Tobacco Control Act (FSPTCA), granting the FDA federal regulatory authority over tobacco products. Under this law, FDA was granted authority to regulate cigarettes, cigarette tobacco, “roll-your-own” tobacco and smokeless tobacco products.  However, the law allows the FDA to extend its authority to regulate other tobacco products, including cigars and pipe tobacco.  The implementation of the FSPTCA is taking place over time. Some provisions took effect immediately while other provisions require the FDA to take action through rulemaking, which generally involves public comment and scientific review.

In 2016, the FDA extended its regulatory authority to all tobacco products, including cigars, e-vapor products, and other products containing tobacco derived nicotine.

actions

New Jersey Retailers: Stop a Ban on Menthol Cigarettes!

The New Jersey Legislature is considering a ban on all menthol cigarettes.

This proposal could drive adult customers to stores outside of New Jersey to purchase their preferred products—or even to the illegal market. Help us tell New Jersey legislators that this ban is unfair and unacceptable.

Your voice matters. Take action today! With just a few clicks, you can tell New Jersey legislators to OPPOSE this proposal!  

Feel free to edit the letter on the next page and then press “Send” to deliver the message to your legislator today!

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Retailers: Help Stop the Menthol Cigarette Ban!

Congress is currently considering H.R. 2339, a bill that would ban all flavored traditional tobacco products—including menthol cigarettes and flavored dip and cigars. This proposal could drive away some of your most valuable adult customers and hurt your bottom line.

Help us tell politicians in Washington, D.C., that such broad, overreaching legislation is unfair and unnecessary. It takes just 30 seconds today to email your legislator!

Your voice matters. Tell Congress to OPPOSE this ban!


Feel free to edit the letter on the next page and then press “Send” to deliver your message today!

Read More »