SS August 2016

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54 SMOKESHOP August 2016 Q: Is a tobacco retailer that blends different pipe tobaccos to make a new flavor a "manu- facturer" under the deeming regulations? A: Yes. A retailer that blends different pipe tobaccos is "compounding or pro- cessing" the product and would be regu- lated as a manufacturer by the FDA. Q: Are self-service displays of cigars, pipe tobacco and e-cigarettes banned by the FDA? A: No. The deeming regulations do not ban the self-service displays of cigars, pipe tobacco or e-cigarettes. However, lo- cal governments and state governments have the power to do so which means a retailer needs to know the applicable local and state laws that may restrict self-service displays. Q: What health warnings will retailers that sell premium cigars be required to display? A: The deeming regulations add two more health warnings for cigar products so that the full list of six health warnings for cigars is as follows: WARNING: This product contains nicotine. Nicotine is an addictive chemical. WARNING: Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale. WARNING: Cigar smoking can cause lung cancer and heart disease. WARNING: Cigars are not a safe alternative to cigarettes. WARNING: Tobacco smoke increases the risk of lung cancer and heart disease, even in nonsmokers. WARNING: Cigar use while pregnant can harm you and your baby. (Or, as an optional alternative statement to the statement above): SURGEON GENERAL WARNING: Tobacco Use Increases the Risk of Infertility, Stillbirth and Low Birth Weight.) The same warning statement require- ments will apply to cigars sold individ- ually and not in product packages. How ever, instead of being required to place warnings directly on the cigars sold indi- vidually, retailers will be required to post signage at the point of sale listing the six warnings on a sign that measures at a minimum 8.5 inches by 11 inches. The deeming regulations require that the sign be placed on or within three inch- es of each cash register where payment is made and that the sign be unobstructed and easily read by each consumer making a purchase. This health warning require- ments will take effect on May 10, 2018. Thomas Briant is executive director of the National Association of Tobacco Outlets (NATO), Toll-free: (866) 869-8888, Web: NATO NEWS > SS•1-2H•Zoidian.indd 1 7/5/16 10:50 AM

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