Inspectors Purchasing Flavored Cigarettes and Flavored Cigarillos for Potential Comparison

Distributors Urging FDA to Clarify Flavored Cigarette-only Retail Sales Restrictions

By Chris McCalla, Legislative Director, IPCPR

We have received several communications from retailers in different parts of the country informing the IPCPR of visits from officers from the Health and Human Services (FDA is part of the HHS). These officers have been purchasing flavored cigarettes and flavored cigarillos. While we have not been provided definitive reasons by the FDA for these purchases, we feel it may be for comparison reasons - to differentiate the difference between the two products.

We continue working for a definitive answer to the FDA's intentions for these purchases.

Additionally, the FDA disseminated a letter dated September 14, 2009, reminding retailers and distributors of the pending flavored cigarette sales prohibition to take effect Sept. 22. In that letter, the FDA caused confusion in its declaration that a flavored cigarette packaged as a "flavored" cigar would be included in this sales ban.

According to the FDA regulatory authority bill approved by Congress and signed into law by the president, only flavored cigarette  retail sales are to be prohibited Sept. 22--no other flavored tobacco products are included at this time.

We received one report of an inspector declaring to the retailer that clove "little cigars" are included in this sales prohibition--that inspector is incorrect. Little cigars are not included in this sales prohibition. 

As more news and information develops, we will share with all of you.

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For more information on tobacco legislation in your state, please visit www.ipcpr.org.