FDA Takes Action Against Illegal Marketing of Tobacco Products

The U.S. Food and Drug Administration (FDA) yesterday announced it issued 11 warning letters last week to online retailers for illegally marketing tobacco products with “misleading or unsubstantiated claims or descriptors” suggesting the products reduce the harm or risk of tobacco-related disease.

“There is no known safe tobacco product. It is illegal for tobacco companies or retailers, including Internet sellers, to make unsubstantiated claims or statements that imply tobacco products reduce health risks,” said Lawrence R. Deyton, M.S.P.H., M.D., director of the FDA’s Center for Tobacco Products. “FDA will pursue enforcement actions to protect the public health.”

The misleading descriptors violate the Federal Food, Drug and Cosmetic Act and include terms such as “light,” “low,” “mild,” “less toxic” and “safer.” Those words or “claims” are not permitted unless supported by scientific evidence and unless a company has received an order from the FDA allowing it.

NACS applauds the increased enforcement on tobacco retailers and urges members to complete We Card training. NACS also supports the FDA’s enforcement on mail order vendors as well as bricks-and-mortar stores, which is consistent with the provisions NACS fought for in legislation that requires equal enforcement on all tobacco retailers.

In addition to marketing violations, the FDA also cited the illegal sale of flavored cigarettes in its warning letters.