Posted by: audreybenenati | November 25, 2009

What community members can do to help FDA enforce the flavored cigarettes ban


A message from Campaign for Tobacco-Free Kids (www.tobaccofreekids.org):

On September 22, 2009, the FDA ban on clove, candy and fruit-flavored cigarettes went into effect. This ban was mandated by the Family Smoking Prevention and Tobacco Control Act that created the new FDACenter on Tobacco Products, and is a long overdue step to end the tobacco industry’s recruitment of youth as “replacement smokers” by appealing to them with flavored products. It makes it illegal to manufacture, distribute, sell or import any cigarette (including roll-your-own tobacco and rolling papers) containing herb, spice or fruit flavors. The only flavors still allowed for cigarettes are menthol and tobacco.

The ban of flavored cigarettes is an important opportunity for you to provide timely and useful information to the FDA. Reporting violations of the law is crucial and will allow FDA to successfully enforce the Act. In addition, any information you provide regarding other flavored tobacco products will assist FDA as it examines options for regulating these products. Attached to this email, you will find a monitoring form to help you collect the necessary information. In addition, a collection of sample images of what you can look for is available at: http://www.tobaccofreekids.org/campaign/flavoredcigaretteban_reference_112009.pdf..

Some tobacco companies are attempting to get around the ban by selling flavored cigarettes but labeling them as “little cigars.” These “little cigars” are really cigarettes in disguise and are also subject to the flavor ban.

In addition, the FDA is empowered by the new law to take action on flavored tobacco products other than cigarettes, such as flavored cigars and flavored smokeless tobacco, but it needs proof of how these products are appealing to youth in order to assert that authority.

ACTION NEEDED:
1. If you are aware of continued sales of flavored cigarettes and/or roll-your-own tobacco and rolling papers, it is important that you send a report of the sale to the FDA. You can use the monitoring form attached to this memo to document such sales and then use the information on the form to fill out the FDA’s online report form for flavored cigarettes found at: http://www.accessdata.fda.gov/scripts/email/TobaccoProducts/flavoredCigarettes.cfm

* Note that this online form is intended only to document the sale of flavored cigarettes.
Flavored Products Store Monitoring Form
2. It would also be helpful if the FDA received documentation of sales of flavored “little cigars” that are really cigarettes. The attached form will help you document this and also tells you where to email/mail your reports.

3. Provide FDA with documentation of the marketing of other flavored tobacco products, such as smokeless products, in ways that appeal to youth. The attached monitoring form can also be used to document this activity.

RESOURCES:

Flavored Products Store Monitoring Form.pdf

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