Retailers Warned Over Claims of “Safer” Tobacco Products

The FDA has warned a number of retailers throughout the United States that they should not be selling cigarettes out of vending machines nor carrying any products that suggest some cigarettes or smokeless tobacco products are safer than others.  

A number of warning letters were issued in May to a wide variety of businesses, including convenience stores, gas stations, pubs and even VFW halls, informing them that they were in violation of federal tobacco laws for cigarettes and smokeless tobacco. The agency also warned a number of businesses that their employees had been caught selling tobacco products to minors.

At least 11 online retailers were also warned by the FDA that they had been illegally marketing tobacco products by using misleading claims that their products carried a reduced risk of tobacco-related disease.

Tobacco products cannot legally be marketed using terms such as “light”, “mild” or any terms suggesting they are a safer product than other cigarettes or smokeless tobacco unless special permission is obtained from the FDA. The retailers were also warned against the illegal sale of flavored cigarettes.

“There is no known safe tobacco product,” said Lawrence R. Deyton, director of the agency’s Center for Tobacco Products. “It is illegal for tobacco companies, or retailers, including internet sellers, to make unsubstantiated claims or statements that imply tobacco products reduce health risks.”

Businesses selling cigarettes out of unattended vending machines were warned that the machines had no way of determining whether purchasers were older than 18.

Businesses that received the warning letters have 15 days from the date the letter was sent to respond to the FDA with detailed plans on addressing the violations. Failure to comply or respond could result in fines, seizure of inventory, injunctions or a loss of that business’s ability to sell tobacco in the U.S.