Are retailers subject to enforcement penalties?

Yes, retailers that violate the rule will be subject to enforcement penalties.

However, a retailer is not in violation of the rule with respect to cigarette packages as long as the package:

• contains a health warning,
• is supplied by a license- or permit-holding tobacco product manufacturer, importer, or distributor, and
• is not altered by the retailer in a way that is material to the requirements of section 4(a) of FCLAA or the rule.

Similarly, a retailer will not be considered in violation of the rule for publically displayed advertisements as long as the advertisement:

• contains a health warning,
• is not created by or on behalf of the retailer (and the retailer is not otherwise responsible for including the required warning), and
• is not altered by the retailer in a way that is material to the requirements of section 4(b) or 4(c) of FCLAA or the rule.

In cases where a cigarette package or advertisement violates the rule but the retailer is exempt, the manufacturer, importer, or distributor that provided the non-compliant package or advertisement would be liable for violating the rule.

Relevant Resources

• Overview: Cigarette Health Warnings
• Frequently Asked Questions: Final Rule "Required Warnings for Cigarette Packages and Advertisements
• Required Warnings for Cigarette Packages and Advertisements - Final Rule