FDA Declares War on Fruity Cigarettes
The US Food and Drug Administration (FDA) is exercising its recently acquired regulatory authority over the tobacco industry by targeting online ads for cigarette products that are aimed at youth.
In this case, the government agency has sent warning letters to several companies selling flavored cigarettes through their websites, directing them to either cease their marketing or sales or bring the products into compliance with the law.
The cigarettes are flavored with fruit or candy, making them enticing to teenagers and children, the FDA said. The agency received its authority to act against tobacco products in June 2009, under the the Tobacco Control Act, which gives the FDA authority to regulate what goes into tobacco products and specifically bans cigarettes containing certain characterizing flavors. It does not, however, allow the FDA to ban nicotine or tobacco outright.
Questions Over E-Cigarettes
Flavored cigarettes are not the only tobacco product the FDA seeks to control; the agency came out against electronic cigarettes this summer. These are battery-operated devices that contain nicotine, flavorings and other chemicals. They “turn nicotine, which is highly addictive into a vapor that is inhaled,” the FDA said.
E-cigarettes also are available online and could serve as gateway products to traditional cigarettes for young people, the FDA claimed. Companies that market these devices are fighting back, however. One firm filed suit against the agency earlier this year, claiming it overstepped its authority. Others maintain that the products are not as dangerous to health as the FDA purports.
Enforcement Up Overall
In general, regulatory authorities such as the Federal Trade Commission and the Food and Drug Administration are stepping up their enforcement activities for online marketing and sales as the internet has proven to be a very effective channel for marketers that seek to flout US regulations, or to find new, unrestricted channels to sell their wares.
The tobacco industry falls in the latter category as it has been chased out of many traditinal advertising venues. RJ Reynolds, for example, pulled out of print advertising in response to an outcry over sultry print ads.
November 10, 2009 Marketingvox
