FDA Responds to NATO on Retail Flier

Agency to clarify flier, and send updated version

Published in Tobacco E-News

By
Thomas A. Briant, Executive Director

Last week, NATO made a follow-up request to Dr. Lawrence Deyton, the director of the FDA's Center for Tobacco Products (CTP), to correct a statement in the agency's Break the Chain retail flier—which reads that retailers are not allowed to sell or give away to adult customers an item that has a tobacco brand name or logo. Specifically, the yellow Break the Chain flier stated: "Do NOT sell or give away items, such as hats or t-shirts, with tobacco brands or logos."

NATO representatives attending the FDA's Retail Stakeholder meeting this past August brought this statement in the Break the Chain flier to the attention of the FDA staff, since the agency's tobacco regulations only prohibit items from containing cigarette, roll-your-own tobacco and smokeless tobacco brand names or logos.  

In response to NATO's renewed request, Dr. Deyton informed NATO last Friday that the incorrect Break the Chain flier has been removed from the FDA's Website page, where copies of the Break the Chain Flier could be ordered. Also, since the incorrect version of the flier was mailed by the FDA to retailers, Dr. Deyton assured NATO that the CTP would mail retailers the updated version of the flier, which now reads: "Do NOT sell or give away items, such as hats, t-shirts, or lighters, with cigarette and smokeless tobacco brands or logos." A copy of this updated version of the Break the Chain flier can be accessed by clicking here.

For retailers, this means that items with a cigar or pipe tobacco brand name or logo can be legally sold or given away to adult consumers, since the FDA has not at this time adopted any regulations regarding cigars and pipe tobacco.