NICOTINE LABEL PRODUCTS

Label confusion help... Here are the answers:

1. Do you have to throw away all of your product that doesn't follow FDCA 903(a)(2) on 8/10/2018?

2. Do you have to throw away all of your product that doesn't follow FDCA 903(a)(2) on 9/11/2018?

3. Can a retailer sell products without the FDCA 903(a)(2) labels on them after 8/10/2018?

YES

4. Can a retailer sell products without the FDCA 903(a)(2) labels on them after 9/11/2018?

YES

5. Can a manufacturer sell products without the FDCA 903(a)(2) labels on them after 8/10/2018?

YES

6. Can a manufacturer produce products without the FDCA 903(a)(2) labels on them after 8/10/2018?

7. Can a manufacturer sell products without the FDCA 903(a)(2) labels on them after 9/11/2018?

So here is the breakdown...

You can stop with the buy 1 get 1 free now.

You can stop panicking now.

If you buy direct from a manufacture and you order from them on 9/11/2018 and you get non-compliant labels... send them back.

If you buy direct from a manufacture and you order from them between now and 9/10/2018 you can keep them and sell them no problem.

AS LONG AS THE PRODUCT HAS SOME SORT OF HEALTH LABEL ON IT YOU ARE GOOD AS LONG AS YOU PURCHASED THEM BEFORE 9/11/2018

ANYTHING AFTER 9/11/2018 THAT IS PURCHASED AT WHOLESALE PRICE MUST FOLLOW FDCA 903(a)(2)

Manufacturers cannot manufacture products

with non-compliant packages as of August 10,

2018 (21 CFR 1143)

Manufacturers cannot distribute noncompliant

packages as of September 11, 2018

(21 CFR 1143)

Retailers cannot offer for sale, sell, distribute,

or import products with non-compliant

packages unless the retailer falls within the

safe harbor as of August 10, 2018.

A retailer … will not be in violation of this

section for packaging that (i) Contains a

health warning; (ii) Is supplied to the

retailer by the tobacco product

manufacturer, importer, or distributor

who has the required state, local, or

Alcohol and Tobacco Tax and trade

Bureau (TTB) – issued license or permit, if

applicable, and (iii) Is not altered by the

retailer in a way that is material to the

requirements of this section. 21 CFR

1143(a)(3)(ii)