Proposed Federal Reg regarding non-face-to-face sales of tobacco products - request for info

[Vocalek]

Regulations.gov

I opened the regulation, as posted in the Federal Register, and copied the PDF.


View attachment FDA-2011-N-0467-0001.pdf

NOTE: At this point, they are seeking additional information, not proposing a ban.

FDA has determined that additional information is needed about the nonface-to-face sale and distribution of tobacco products prior to issuing the regulations required by section 906(d)(4)(A)(i) of the FD&C Act.

II. Request for Comments and
Information
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FDA is seeking data, research, information, and comments related to the following:

A. Non-Face-to-Face Sale and Distribution of tobacco Products

1. Other than direct mail, catalog, and Internet sales, what types of non-face-to-face sales and distribution methods are used to sell or distribute tobacco products to consumers?
2. Do the non-face-to-face sales and distribution methods differ depending on the type of tobacco product being sold (e.g., cigarettes, smokeless tobacco, or other products ‘‘made or derived from tobacco’’ subject to the Tobacco Control Act)? If so, how?
3. What are the methods used by minors to acquire tobacco products through a non-face-to-face exchange?
a. Which of these methods are minors most successful in using to obtain tobacco products?
b. What are the best data sources (other than Federal Government surveys) for information about the extent and character of such purchases by minors?
4. Since the enactment of the PACT Act, have minors found alternative methods to purchase and/or acquire cigarettes or smokeless tobacco products by a means other than a face-to-face exchange? If so, what are they?
5. What are the current technologies, procedures, or other methods used to ensure that the purchaser of a tobacco product through a non-face-to-face exchange is an adult, including age and ID verification?
a. How effective are these methods at preventing minors’ access to tobacco products through a non-face-to-face
exchange?
b. If these methods are not effective, which other technologies, procedures, or methods would work more effectively to prevent minors’ access to tobacco products through a non-face-to-face exchange?
c. Do these methods differ depending on the type of non-face-to-face exchange (e.g., Internet, direct mail, catalog, telephone, etc.)? If so, how?
d. Is requiring an adult (whether or not the person who placed an order) to sign for the delivery of tobacco products adequate to ensure that tobacco products purchased through a non-face-to-face exchange are not delivered to minors? Or, is it necessary to require that the products be delivered only to the person who ordered them? Are there other requirements that could be placed
on the delivery of tobacco products to prevent their delivery to minors?
6. What payment methods are used for the sale of tobacco products through non-face-to-face exchanges? Do these payment methods differ depending on the type of tobacco product purchased? If so, how?
7. To what extent are tobacco products sold through a non-face-to-face exchange sold at substantially lower prices than the same types of tobacco products sold through a face-to-face exchange? Do the price differences vary depending on the type of tobacco
product purchased? If so, how?
8. What means are used to deliver tobacco products sold to consumers through non-face-to-face exchanges?
a. Do these means of delivery differ depending on the type of non-face-toface exchange (e.g., Internet, direct mail, catalog, etc.)? If so, how?
b. Do these means of delivery differ depending on the type of tobacco product sold? If so, how?
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To comment:


Click this link: http://www.regulations.gov/#!submitComment;D=FDA-2011-N-0467-0001

 

[crashinbrn]

i copied these questions to MS word so i could answer them and send them to the comments. i never realized that the FDA was one of the entities protecting minors.

how many ways can you say "IT IS ILLEGAL TO SELL TOBACCO TO MINORS."?

 

[Bill Godshall]

Please note that Section 906 (and other Chapter IX sections) of the FSPTCA only applies to cigarettes, cigarette tobacco, RYO and smokeless tobacco products.

Chapter IX doesn't apply to e-cigarettes, e-liquid, cigars, pipe tobacco, shisha/hookah, nicotine skin cream, nicotine water, and at least two dissolvable tobacco products.

Unfortunately, the FDA failed to mention that critically important fact when issuing this proposal, and many other proposals that involve provisions of Chapter IX.

It appears that the FDA is trying to deceive the public to believe that all tobacco products are currently regulated under Chapter IX in an attempt to confuse and intimidate manufacturers, retailers and consumers of currently unregulated tobacco products, and to pave the way for the FDA to propose a new regulation to apply Chapter IX to all currently unregulated tobacco products (as the FDA stated its intent to do the day that it conceded to comply with Judge Leon's ruling that e-cigarettes are tobacco products).

 

[rothenbj]

It would appear that the manufacturers and vendors should get involved and make sure this doesn't happen, but they appear to busy making money to care about regulations that will sustain the industry.