Get Your Store Ready for FDA Enforcement Checks

FDA Regulation of Tobacco: What it means for your store and employees

New Federal law gives FDA authority to regulate tobacco. It has established a new FDA Center for Tobacco Products and began enforcing the law on June 22, 2010 -- at retail stores!

Retailers must comply with the new law's requirements, AND any regulations the FDA has issued and will issue in the future. Your state law and any local law requirements are still in effect so you must follow those requirements too.

What's the bottom-line impact to you as a retailer?

Denying tobacco sales to minors isn't enough to meet the requirements of the new law and FDA regulations.

That's right! Many new responsibilities are now on your shoulders. Ultimately, the burden to comply with the law rests with you. The FDA has clearly indicated it will hold retailers responsible. The FDA will conduct compliance checks of your stores and may conduct inspections in response to consumer complaints that are phoned or emailed to the FDA.

Retail establishments are responsible for providing training to their employees. (www.fda.gov, Frequently Asked Questions: Protecting Kids From Tobacco)

We Card has prepared this summary to assist you. This is not legal advice, but rather a summary of the new law, regulations and guidance. For legal advice you should contact an attorney. You can expect additional FDA guidance and information in the coming days, weeks or months ahead. We will work hard to make sure the latest information is available to you to help you comply and perform your responsible retailing of tobacco duties.

One thing is certain: it is complicated and there are steps you and your employees will need to take to successfully comply and continue to prevent tobacco sales to minors.