On Friday, October 19th, FDA Commissioner Scott Gottlieb was interviewed on CNBC about underage youth access to and usage of electronic cigarettes. In the interview, Commissioner Gottlieb stated that number of underage youth using cartridge-type electronic cigarettes is increasing and that “we are going to take steps to reduce access to these products by minors and take steps to reduce their appeal.” He also stated that the agency will seek restrictions on where flavored cartridge-type e-cigarette products can be sold. In addition, Commissioner stated that in November the FDA will release updated statistics on the use of electronic cigarettes by minors.

In the interview, Commissioner Gottlieb goes on to state the following about possible restrictions on where cartridge-type flavored e-cigarettes could be sold:

“I think we are looking at what can be sold in brick and mortar stores and whether or not the flavors should be sold in regular stores…truck stops or gas stations, or whether if there are flavored products in the market they should be confined to adult-only vaping shops which generally do a...

The U.S. Food and Drug Administration has issued the agency’s Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions. This Agenda includes regulatory actions that the FDA plans to consider taking in the next twelve months. In the Agenda, the FDA has published Regulatory Identification Number (RIN) 0910-AI28 that would propose a new tobacco product standard for characterizing flavors in cigars. A tobacco product standard is a power granted to the FDA by Congress through the Family Smoking Prevention and Tobacco Control Act (TCA) that allows the agency to limit or ban an ingredient or constituent in a tobacco product or tobacco smoke.

In the original deeming regulations that extended the FDA’s authority to cigars, pipe tobacco, electronic cigarettes/vapor products, and hookah tobacco and which went into effect on August 8, 2016, the FDA stated that “[t]o address concerns with the growing flavored cigar market and its impact on youth and young adult initiation with tobacco products, FDA is announcing here that it intends to issue in the future a proposed product standard that would prohibit characterizing flavors in all cigars, including cigarillos and little cigars.” The new Fall 2018 Unified Agenda that includes RIN 0910-AI28 is an...

Las Vegas Convention Center, Las Vegas, Nevada: February 11-13, 2019

TPE 2019 Show: The Tobacco Media Group (TMG) is announcing that the Tobacco Plus Expo 2019 will have a new three-day format and will be held on February 11-13, 2019, in Las Vegas, Nevada. This tobacco show brings together top brands and buyers from the premium tobacco, tobacco-related, vapor, and alternative industries. TPE 2019 is aimed at starting the New Year off with a lively, enjoyable, and educational approach to business growth and profitability for tobacco retailers, and offers the newly-expanded open show floor times of 1:00 PM to 5 PM on Monday, February 11th, 10:30 AM to 5:00 PM on Tuesday, February 12th, and 10:30 AM to 4 PM on Wednesday, February 13th.

Featuring more distributors, wholesalers, and square footage, the TPE 2019 show floor offers expanded opportunities for exhibiting, purchasing, learning, and networking with industry colleagues and acquaintances. Thousands of products will be offered at exclusive show pricing, and a tactical educational track brings additional value with informative and entertaining seminars and discussion panels led by industry standouts.

NATO Education Seminars: Building upon their partnership with TMG, NATO will be co-locating at the TPE 2019 Show as a powerful resource and guide to successfully navigating the current and ever-changing legislative and regulatory environment that affects all aspects of the industry. The NATO-led conference sessions are a wealth of information and inspiration for exhibitors and attendees alike and will be held on Monday, February 11th beginning at 1:30 PM at a special staging area on the show floor.

The confirmed presenters for the NATO education seminar series include the following:

1:30 PM  Don Burke, Management Science Associates:  Tobacco Market Trends  

2:30 PM  Thomas Briant, NATO Executive Director:  Legislative and FDA Regulatory Update

3:30 PM  Bonnie Herzog, Wells Fargo Securities:  Wall Street Update on the Tobacco Industry

4:30 PM  Cocktail Reception 

“TPE 2019 is going to be a can’t miss event,” says Ben Stimpson, Managing Director of Tobacco Media Group. “With our industry gathered together, it’s such an efficient, profitable way to do business, learn from each other, and have some fun along the way.”

All NATO members are encouraged to attend the upcoming TPE 2019 Show. To register to attend the TPE 2019, please click on the link below:

https://events.american-tradeshow.com/tpeinternational

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

New Jersey: Assembly Bill 4391 imposes a 3.5% tax on the retail sales of liquid nicotine which is intended to replace the $.10 per fluid milliliter tax.

New York: Assembly Bill 11337 prohibits the public display of tobacco advertisements and tobacco paraphernalia within 500 feet of schools.

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...