Agenda Packets - 1997/03/24 - Laserfiche WebLink

Home Browse Search

• • wfor most other advertising, includingall 4110 Only black-and-white text advertising allowed g, point-of-sale advertising; -Ban on the sale or giveaway of promotional materials such as caps and gym bags containing product brand names or logos for cigarettes or smokeless tobacco; - Tighter labeling restrictions. Effective August 28. 1998 -Ban on sponsorship of any sporting or other event, team, or other entry, if the sponsorship identifies a specific tobacco brand(includes ban on symbols, etc. associated with a particular brand name. Corporate name sponsorship is allowed.). 3. Who is responsible for enforcement and compliance? The FDA regulations impose the burden of compliance on the manufacturers, distributors, and retailers. Each manufacturer will be responsible for removing non-complying self-service displays, advertising, labeling, and other non-conforming items owned by that manufacturer. Retailers are also responsible for removing non-complying items from their stores, and are additionally responsible for verifying the age of customers, refusing sales to anyone under 18, and allowing sales only in the form of a face-to-face transaction where there is an actual exchange of the cigarettes or tobacco between the clerk and the customer. Only authorized agents of the FDA have the authority to seek the imposition of a penalty for violation of the FDA regulations. The FDA is currently seeking to deputize select State Attorneys General for enforcement assistance, and may seek additional deputies as needed. Local law enforcement officials may continue to enforce local ordinances and in addition are encouraged to notify the FDA of suspected violations of the FDA regulations. Such officers, however, cannot directly issue a citation for violation of the FDA regulations. 4. What is the penalty for violation of the FDA regulations and on whom can it be imposed? The general penalty under the FDA tobacco regulation will be a civil fine of$250. However, seizure of unlawful items, injunctions, restraining orders, additional fines, and possible imprisonment are also potential penalties. Penalties may be imposed upon any person convicted of violating the regulations. Employers can be held liable for the actions of their employees. Penalties under the FDA regulations may be imposed in addition to any penalty imposed for violation of a local regulation.