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FDA Warns Companies against Marketing Illegal Flavored Cigarettes

Fri Nov 6, 2009 10:57am EST
SILVER SPRING, Md., Nov. 6 The U.S. Food and Drug Administration is enforcing
the flavored cigarette ban provision of the Family Smoking Prevention and
Tobacco Control Act (Tobacco Control Act) by issuing several warning letters
to companies continuing to sell illegal flavored cigarettes to consumers in
the United States through their Web sites. 

(Logo: http://www.newscom.com/cgi-bin/prnh/20090824/FDALOGO)

The warning letters directed the companies to cease the marketing and sale of
these products immediately or to take other appropriate action to bring the
products into compliance with the law. Failure to do so may result in
additional regulatory actions such as seizure or injunction. In addition, FDA
requested a written response from each of the companies within 15 days
outlining the corrective actions taken. 

Enforcement of the flavored cigarette ban is FDA's effort to remove cigarettes
that contain certain candy or fruit flavors from the marketplace. Removal of
these products from the market will assist in the prevention of children and
adolescents from starting to smoke and in the reduction in death and disease
caused by smoking.   

"FDA takes the enforcement of this flavored cigarette ban seriously," said
Lawrence R. Deyton, M.S.P.H, M.D., director of FDA's Center for Tobacco
Products. These actions should send a clear message to those who continue to
break the law that FDA will take necessary actions to protect our children
from initiating tobacco use." 

The Tobacco Control Act, which was passed by Congress and signed by the
President in June 2009, specifically called for a ban on cigarettes containing
certain characterizing flavors. On Sept. 14, 2009, FDA sent a letter to
regulated industry reminding them that the ban would go into effect on Sept.
22, 2009.  FDA also stated in the letter that any company who continued to
sell such products after the Sept. 22, 2009, effective date may be subject to
FDA enforcement actions.

Since the effective date of the ban, FDA has examined products offered for
import and searched the Internet to identify illegal products. As a result,
FDA issued several warning letters to companies and Web sites that continued
to market and sell these illegal products over the Internet to consumers in
the United States. The warning letters were the result of Internet searches
conducted by FDA's Office of Enforcement and the Center for Tobacco Products. 

FDA posted the warning letters that detail the offending websites and flavored
cigarette products on the agency's Web site. Review warning letters issued by
FDA: 

http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/default.htm

Report possible violations of the flavored cigarette ban:

www.fda.gov/flavoredtobacco

Media Inquiries: Kathleen Quinn, 240.276.1722; kathleen.quinn@fda.hhs.gov
Consumer Inquiries: 888-INFO-FDA 


SOURCE  U.S. Food and Drug Administration

Kathleen Quinn of the U.S. Food and Drug Administration, +1-240-276-1722,
kathleen.quinn@fda.hhs.gov



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