FDA notifies tobacco shops of legal liability if they keep selling flavored cigarettes
The FDA has recently warned more than ten online cigarette stores that their operation will be halted if they keep selling banned flavored cigarettes, thereby violating particular provisions of federal regulation, according to which, sales of flavored cigarettes are prohibited across the United States.
The Agency gave those online stores fourteen days to prove that they have removed banned smokes from their stock; otherwise they would be subject to penalties.
Sales of all flavored cigarettes, besides the menthol smokes, are banned starting from September 22, 2009.
The corresponding ban is a component part of groundbreaking Tobacco Control Act that was ratified in July and gave the U.S. Food and Drug Administration the legal powers to control tobacco industry.
The law comprises provisions concerning advertisements restrictions, prohibition of misleading cigarette names like low-tar, mild and light, since they make smokers consider them healthier than full-flavor cigarettes.
The notifications were addressed to a dozen of internet cigarette retailers that have not stopped selling flavored cigs after the ban had been implemented.
The data about the offenders was collected by the agents of Enforcement Department of the Food and Drug Administration, which are involved in ensuring compliance with the regulations and punishing the violators.
Similar notifications had been earlier sent to local tobacco retailers and importers, warning them about the legal liability if they planned to continue sales of flavored cigarettes after the ban implementation.
Among those merchants who received the FDA letters were both domestic sellers and overseas ones, who reach US customer through their online stores. The notifications comprised an article from Tobacco Control Act declaring that any cigarette sold in US should not contain any flavoring agent of either artificial or natural origin, or any herb or spice that adds a peculiar flavor to the cigarettes.
If the cigarettes offered by the retailer’s web-store do contain any flavors besides menthol, they are regarded as illegal or fake and would be penalized. In addition, if the products have no flavor, but are labeled as flavored, they would be as well penalized by the U.S. Food and Drug Administration.
Merchants located outside of the country were warned that the Agency would continue to track the products available at their online cigarette stores, and in case of non-compliance with the legislation, their shipments will be confiscated by the Customs Services. In addition, the FDA will contact the authorities in their home countries and notify them that the shipments from their countries are to be halted at the border.
