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Any tobacco product changed after Feb. 15, 2007, when the legislation was introduced in Congress, must be reviewed by the agency. The disclosures by the companies are expected by March 22. Companies may apply for a fast track review of new products that are “substantially equivalent” to earlier products.
One of the practical effects, Mr. Myers said,[link widoczny dla zalogowanych], is that tobacco products changed after March 22 cannot be sold unless the F.D.A. permits it. The agency has the power to order some products to be removed from the market that were introduced in the period from Feb. 15, 2007, to March 22.
Steven Callahan, a spokesman for Altria, the maker of [link widoczny dla zalogowanych] and the largest tobacco company, said the proposed rules were expected and under review by Altria.
David Howard, a spokesman for R.J. Reynolds Tobacco, maker of Camel products and the second-largest tobacco firm, said the company’s products are all identical or substantially similar to earlier products,[link widoczny dla zalogowanych], and it had applied for the designation. “We’ll see what happens,” he added.
Lorillard, the third-largest tobacco company,[link widoczny dla zalogowanych], declined comment.
Branded merchandise gifts: Manufacturers that own the rights to tobacco brands are not permitted to make non-tobacco merchandise containing the brand, such as shirts or hats, and retailers are not permitted to sell or give away such items.
Enforcement policies: While state laws over enforcement might be different from federal law, the FDA said owners of the store in which the violation took place are ultimately responsible for the violation and fined,[link widoczny dla zalogowanych], not the clerk or person who violated the rule. Violations are also tallied by each store location,[link widoczny dla zalogowanych],wholesale marlboro cigarettes supplier, and as penalties increase, the first violation will attach to that particular store, not across an entire chain of common ownership locations.
A ban on color advertising: The ban on color tobacco advertising,[link widoczny dla zalogowanych], requiring only black and white — or “tombstone” — ads at retail has been successfully challenged in a Kentucky court, which stuck down the measure on First Amendment grounds in January. While the FDA appealed the decision to a higher court, it also said it would not enforce the ban on color advertising at this time. As such,[link widoczny dla zalogowanych], color advertising is permitted at retail locations.

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