AWMA To Participate in Upcoming FDA CTP Stakeholder Meeting in Dallas on Aug 24

AWMA President Scott Ramminger will be making a presentation at the upcoming CTP Stakeholder Meeting in Dallas on August 24th.  The meeting sponsored by the FDA’s Center for Tobacco Products is part of the agency’s effort to “ensure the opportunity for meaningful engagement and dialogue between CTP and representatives” and others involved in the tobacco products industry.  This particular meeting in Dallas involves distributors, importers, retailers and wholesalers and will focus on this area of the tobacco supply chain.  While participation is very limited – only 30 actual representatives from these industries will be at the Dallas meeting which is invitation only, the agency will allow up to 100 participants to follow the meeting via conference call. 

Below you will find a link on the FDA’s Web site that offers information for those wishing to dial-in and participate via conference call:

http://www.fda.gov/downloads/TobaccoProducts/NewsEvents/UCM265982.pdf
http://www.fda.gov/TobaccoProducts/NewsEvents/ucm263262.htm

Among the issues to be discussed are the following topics that AWMA is particularly concerned with:

      Track & Trace Provision of the Tobacco Control Act:  Under the new law there is a provision calling for a “report” by the Treasury Department and FDA on a “track and trace” system that the FDA is authorized to develop to enhance enforcement.  According to this provision, the system would “utilize electronic means to track product as it moves through the distribution chain” and would “facilitate the ability to monitor the products whereabouts” as it moves through the distribution chain.  AWMA is deeply concerned over the potential for this report to require additional – and overly burdensome – reporting and record-keeping requirements on distributors.

      Unlimited Sell Through Provision:  As with the descriptor ban, AWMA is seeking unlimited sell through for distributors for legal old product in the pipeline.  According to the most recent FDA information, unlimited sell through of old product with respect to the new graphic warning labels will be available to distributors as long as the old product was in the pipeline before the new warning labels went into effect.  We’d like to confirm that this is the case and urge the agency to continue to provide this critical unlimited sell-through provision in any similar situations.

      AWMA Urges the FDA NOT to ban Menthol:  AWMA would simply like to reiterate our opposition to any effort to ban menthol as part of the TPSAC report.  As you know, AWMA recently testified before the Committee in opposition to any proposed ban of menthol arguing that such action would result in a tremendous uptick in contraband activity.

      Liability for Distributors With Respect to New Warning Labels:  AWMA is concerned over reports of distributor liability with respect to the new graphic warning labels.  According to the FDA “frequently asked questions” portion of the website, “in cases where a cigarette package or advertisement violates the rule but the retailer is exempt, the distributor, manufacturer or importer that provided the non-compliant package or advertisement will be liable for violating the rule.”  We are looking for an elaboration on the distributor liability in this instance.  We have concerns over any effort to hold the distributor liable in this situation in light of the fact that we have virtually nothing to do with the packaging or advertising of these products.  Those issues are under the purview of the manufacturer.

      Clarification with respect to the future of E-Cigarettes:  AWMA is interested in learning what FDA’s intentions are with respect to the regulation of E-Cigarettes.