Web-Based Companies must stop selling flavored cigarettes..

November 7, 2009 - Federal ban on flavored cigarettes took effect on Tuesday, September 22nd marking one of the first visible signs of the Food and Drug Administration's new authority to regulate tobacco.

Food and Drug Administration (FDA) Tobacco Product Center said Friday, November 6th that it has warned several companies (web-based) to stop selling banned flavored cigarettes to U.S. consumers online. Internet, Tobacco Flavors everywhere - snuff being marketed to kids as hip, cool and healthy.

PASS THIS LAW.. - In the U.S. Senator Herb Kohl is sponsoring a bill which would clamp down on illegal tobacco sales. H.R. 1676, the Prevent All Cigarette Trafficking Act (the PACT Act) of 2009, was passed 397-11 by the House of Representatives on Thursday, 5/21/2009. This legislation is extremely important, it will effectively end Internet and telephone tobacco smuggling by stopping shipments of cigarettes and smokeless tobacco through the U.S. Postal Service. FedEx, UPS, and DHL have already agreed not to mail tobacco. (Let's Get It Passed - Prevent All Tobacco Trafficking Act of 2009..)

FDA NEWS RELEASE For Immediate Release: Nov. 6, 2009

Media Inquiries: Kathleen Quinn, 240.276.1722; kathleen.quinn@fda.hhs.gov
Consumer Inquiries: 888-INFO-FDA
FDA Warns Companies against Marketing Illegal Flavored Cigarettes

The U.S. Food and Drug Administration is enforcing the flavored cigarette ban provision of the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) by issuing several warning letters to companies continuing to sell illegal flavored cigarettes to consumers in the United States through their Web sites.

The warning letters directed the companies to cease the marketing and sale of these products immediately or to take other appropriate action to bring the products into compliance with the law. Failure to do so may result in additional regulatory actions such as seizure or injunction. In addition, FDA requested a written response from each of the companies within 15 days outlining the corrective actions taken.

Enforcement of the flavored cigarette ban is FDA’s effort to remove cigarettes that contain certain candy or fruit flavors from the marketplace. Removal of these products from the market will assist in the prevention of children and adolescents from starting to smoke and in the reduction in death and disease caused by smoking.

“FDA takes the enforcement of this flavored cigarette ban seriously,” said Lawrence R. Deyton, M.S.P.H, M.D., director of FDA’s Center for Tobacco Products. These actions should send a clear message to those who continue to break the law that FDA will take necessary actions to protect our children from initiating tobacco use.”

The Tobacco Control Act, which was passed by Congress and signed by the President in June 2009, specifically called for a ban on cigarettes containing certain characterizing flavors. On Sept. 14, 2009, FDA sent a letter to regulated industry reminding them that the ban would go into effect on Sept. 22, 2009. FDA also stated in the letter that any company who continued to sell such products after the Sept. 22, 2009, effective date may be subject to FDA enforcement actions.

Since the effective date of the ban, FDA has examined products offered for import and searched the Internet to identify illegal products. As a result, FDA issued several warning letters to companies and Web sites that continued to market and sell these illegal products over the Internet to consumers in the United States. The warning letters were the result of Internet searches conducted by FDA’s Office of Enforcement and the Center for Tobacco Products.

FDA posted the warning letters that detail the offending websites and flavored cigarette products on the agency’s Web site. Review warning letters issued by FDA:

Report possible violations of the flavored cigarette ban:

Reference: FDA Says Companies Violating Flavored Cigarette Ban, Reporting by Lisa Richwine and Susan Heavey, editing by Gerald E. McCormick, Reuters, 11/6/2009.

Some related news briefs:
C-store update - let's ban all flavored tobacco products..;
For our children ban all flavored tobacco products..;
FDA says delaying tobacco authority will harm public..;
FDA deflects challenge from Reynolds, Lorillard, others..;
FDA - began collecting fees from nations tobacco companies..;
U.S. - flavored cigarettes ban looms, how do you define 'characterizing flavor'..;
U.S. - flavored cigarettes illegal after Wednesday, September 22, 2009..;
Dr. Lawrence Deyton to head FDA's Tobacco Center..;



November 16, 2009 at 9:51 AM

This bill should not pass. It is the beginning of the control of internet sales. This is not about protecting children as the guise they use. Its about one more right of choice taken from the people of this country. This needs to stop here and now. First you take them from our stores. Now off the internet? Where is our freedom of choice? Where is the constitution that government should be following. I would like to know what the response would be if they banned all cigar sales. I bet that wouldn't happen. Seems to me that would be more excess-able to children then just regular cigarettes don't you think?


January 6, 2010 at 12:16 PM

This is BS to the fullest extent. Coming to this conclusion means that adults do not enjoy flavors. Why aren't they banning flavored liquor in liquor stores? I believe e cigarettes can still be flavored without any issues.