FDA
TALK PAPER

Food and Drug Administration
U.S. Department of Health and Human Services
Public Health Service 5600 Fishers Lane Rockville, MD 20857
FDA Talk Papers are prepared by the Press Office to guide FDA personnel in responding with consistency and accuracy to questions from the public on subjects of current interest. Talk Papers are subject to change as more information becomes available. 

T97-40                        Ivy Fleischer Kupec: 301-827-6242
August 27, 1997               
                              Consumer Hotline:    800-532-4440

                                
                   TOBACCO REGULATION UPDATE
                              
     FDA has been receiving inquiries recently about its
regulation of tobacco and the previously announced effective date
of August 28 for provisions covering vending machines,
self-service displays and advertising.  Because of a lawsuit
brought by the tobacco, advertising and convenience store
industries against FDA, the effective date of "access" provisions
has been delayed, and the following can be used to answer
questions:
     In April, the Federal District Court in Greensboro, N.C.,
ruled that FDA had jurisdiction under the Federal Food, Drug and
Cosmetic Act to regulate nicotine-containing cigarettes and
smokeless tobacco products.  
     The court upheld all restrictions involving youth access and
labeling but delayed implementation of some of these provisions,
pending further order of the court.  In addition, the court found
that FDA did not have authority under the statutory provision
that FDA relied on to regulate the advertising and promotion of
cigarettes and smokeless tobacco.
     Both parties have appealed the district court decision.  
Arguments before a three-judge panel of the Fourth Circuit Court
of Appeals were heard on August 11. 
     What this means to retailers is:
     *    The provisions that went into effect on February 28
          remain in effect.  Retailers must not sell cigarettes
          or smokeless tobacco to persons under age 18, and
          retailers must verify the age of customers under age 27
          by requesting a photographic identification containing
          the bearer's birth date.
     *    The "access" restrictions scheduled to take effect on
          August 28, including prohibitions against vending
          machines and self-service displays, are delayed pending
          further order of the court.  Therefore, retailers are
          not required to remove vending machines or self-service
          displays at this time.
     *    The advertising restrictions, including a prohibition
          against the use of color or imagery in store
          advertising, were overturned by the district court and
          are currently on appeal.  Retailers do not have to
          remove in-store advertising at this time.
     FDA will publicize future compliance dates as soon as they
are established and remains committed to working closely with the
retail community.
                              ####
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