Today, NATO submitted the accompanying comments to the U.S. Food and Drug Administration in response to the agency’s Advanced Notice of Proposed Rulemaking (ANPRM) regarding the role of flavors in tobacco products. In the ANPRM, the FDA requested comments from the public and the industry about the use of flavors in cigarettes (menthol) and other tobacco products. This ANPRM indicates that the agency is considering restrictions or prohibitions on the use of flavors in tobacco products.

In NATO’s comments, the association focuses on many different issues and concerns raised by this ANPRM which include the following:

1. The importance of consumer choice for flavored products whether that be soft drinks, coffee, alcoholic beverages or tobacco products.

2. The Congressional limitation imposed on the FDA that prohibits the agency from banning an entire class of tobacco products. However, an across the board ban on flavors would for all intents and purposes prohibit the sale of pipe tobacco and many other categories of products including...

Today, NATO submitted the accompanying comments to the U.S. Food and Drug Administration in response to the agency’s Advanced Notice of Proposed Rulemaking (ANPRM) regarding a potential regulation that would set a maximum level of nicotine in cigarettes and possibly other combustible tobacco products. In the ANPRM, the FDA requested comments from the public and the industry about setting nicotine levels in an attempt to make cigarettes and other tobacco products “minimally addictive or non-addictive.” This ANPRM indicates that the agency is looking at reducing nicotine levels in cigarettes by up to 90% from current nicotine levels.

In NATO’s comments, the association focuses on many different issues and concerns raised by this ANPRM which include the following:

1. The need to allow a market for alternative non-combustible and heat-not-burn products to be regulated and approved before maximum nicotine levels in combustible tobacco products would be required.

2. The need for the FDA to conduct an educational campaign so that adults do not serve as a source of tobacco products for underage youth. In the ANPRM, the FDA specifically notes that most underage individuals obtain tobacco products from non-retail sources and NATO has been recommending to the FDA for several years to conduct a...

State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:

Delaware: House Bill 417, which limits the tax on premium cigars to no more than 50 cents per cigar was reported from the House Revenue & Finance Committee on June 6, 2018 without a recommendation.

New York: Assembly Bill 8688, which prohibits the sale of most flavored e-liquid products containing nicotine, except for tobacco and menthol, was reported from the Assembly Health Committee and referred to the Codes Committee on June 5, 2018. Senate Bill 8609, which requires registration of vendors of electronic cigarettes and liquid nicotine, was amended on third reading on the Senate floor on June 6, 2018. Senate Bill 8610, which prohibits the sale of most flavored e-liquid products containing nicotine, except for tobacco and menthol, was reported from the Senate Health Committee on May 31, 2018.

State tobacco-related legislative bills that have been introduced in the past week are listed below alphabetically by state:

New Jersey: Senate Bill 2640 permits the use of electronic smoking devices in vapor retail establishments.

State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:

Alaska: The following bills are eligible for the Governor’s desk as of May 27, 2018: Senate Bill 15, which prohibits minors from purchasing or possessing electronic smoking products and requires any person who sells electronic smoking products to be obtain a business license; and Senate Bill 63, which prohibits smoking and the use of electronic cigarettes in enclosed areas of public places.

Connecticut: House Bill 5293, which prohibits the self-service display of vapor products in any retail establishment except where minors are prohibited from entering, was enrolled on May 23, 2018.

Illinois: Senate Bill 2332, which raises the minimum legal sales age and the age to purchase use or possess tobacco products from 18 to 21 and amends the existing free sampling provision by only permitting free samples of smokeless tobacco products in adult-only establishments, passed the House Health & Healthcare Disparities Committee on May 18, 2018.

Missouri: House Bill 1855, which allows local jurisdictions to impose excise taxes on tobacco products, died on adjournment on May 18, 2018.

Vermont: House Bill 922, which imposes a new tax on e-cigarettes and vapor products of 46% of the wholesale price, failed on adjournment on May 12, 2018.