Need a Summary of the New Tobacco Law and a Look at its Impact on Retailers?

By Ricardo Carvajal & David B. Clissold –

The most recent issue of the Food and Drug Law Journal contains an article on the Family Smoking Prevention and Tobacco Control Act (“Tobacco Act”) authored by Hyman, Phelps & McNamara’s (“HPM’s”) Ricardo Carvajal, David B. Clissold, and Jeffrey K. Shapiro.  The Tobacco Act provides FDA with regulatory authority over virtually every aspect of the design, production, marketing, and advertising of tobacco products. Although the new law has its detractors, there is little question that the law’s enactment marks a dramatic shift in the relationship between the federal government and the tobacco industry.  This article provides a summary of the new law’s major provisions and highlights some of the legal issues that implementation of the law is likely to raise.  The authors gratefully acknowledge HPM’s Tom Scarlett for his review of a draft of the manuscript.

The most recent issue of the Food and Drug Law Institute's Update magazine contains an article authored by Ricardo Carvajal and David B. Clissold that focuses on the Tobacco Act's impact on retailers.  In the sectors that FDA has historically regulated, FDA has focused the bulk of its resources on ensuring that manufacturers and wholesale distributors are in compliance with the law.  FDA has generally undertaken little enforcement activity against retailers, whose conduct is typically policed by state authorities.  This could change under the Tobacco Act, which aims to restrict the availability and appeal of tobacco products to youth.