This guidance is intended to assist manufacturers, distributors, retailers, and others who sell cigarettes and/or smokeless tobacco in understanding the final Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents and to explain what you should do in order to comply with the regulations. The document explains, among other things:
- what and who are subject to the regulations;
- prohibition on the sale and distribution of certain tobacco products to persons younger than 18 years of age;
- restrictions on access, which consist largely of requirements concerning the sale of cigarettes and smokeless tobacco; and
- labeling and advertising restrictions
The regulations currently apply to cigarettes, including roll-your-own tobacco; cigarette tobacco; and smokeless tobacco products (e.g., moist snuff, snus, dry snuff, nasal snuff, loose leaf chewing tobacco, plug chewing tobacco, and twist chewing tobacco).
FDA’s guidances, including this guidance, do not establish legally enforceable responsibilities. Instead, guidances describe the Agency’s current thinking on a topic and should be viewed only as recommendations, unless specific regulatory or statutory requirements are cited. The use of the word should in Agency guidances means that something is suggested or recommended, but not required.