RETAILER, IT'S UP TO YOU
- Each day, nearly 3,000 American youngsters become regular smokers. Of these, 1,000 will die early from tobacco-related diseases.
- As a retailer, you can help protect kids from the dangers of tobacco and nicotine addiction.
- President Clinton recently announced new FDA rules to make it much harder for kids to get cigarettes and smokeless ("spit") tobacco. The rules also will help make these products less appealing to youngsters.
On April 25, 1997, a Federal Court upheld
FDA jurisdiction over cigarettes and smokeless tobacco.
As a result of the ruling:
- Age and photo ID restrictions remain in place.
- Additional access restrictions scheduled to go into effect August 28, 1997, are delayed pending further judicial action.
- Advertising provisions were overturned on statutory grounds. The government is appealing this portion of the ruling.
WHICH ONE IS 16?
Can you tell? If they walked into your store, would you know which one was under 18? To eliminate the guesswork, FDA requires you to card anyone who is under 27.
The woman on the left is 16. The one on the right is 25.
RETAILERS, YOU MAY BE WONDERING . . .
Q: Who is responsible if one of my clerks sells to someone under 18?A: If one of your employees sells to a minor, you are responsible. That is why it is important for you to make sure your employees know the rules.
Q: How will anyone know if I'm selling tobacco to youngsters?
A: Adolescents, accompanied by State or local officials, will visit stores across the country to try to buy cigarettes and smokeless tobacco. Also, people who observe an illegal sale can report the violation using FDA's toll-free hotline.
Q: Aren't the FDA rules just the first step toward stopping me from selling tobacco to anyone?
A: No. FDA's only purpose is to reduce young people's use of tobacco. Cigarettes and smokeless tobacco are and will remain legal products for sale to adults. The FDA rules do not change that in any way.
GAIN THE RESPECT OF YOUR COMMUNITY
Parents, teachers, doctors, and others who live in your neighborhood and shop in your store want store owners and their employees to take the FDA rules seriously. Show them you put kids first. Follow the rules.If you or your employees want more information, call FDA toll-free (1-888-FDA-4KIDS) or visit FDA's website (www.fda.gov).
BREAK THE RULES, PAY THE PRICE!
Retailers who sell to minors risk penalties of $250 or even more.To make sure retailers follow the rules, State and local officials will work with FDA to monitor retailers across the country.
Also, customers witnessing the sale of tobacco products to a youngster or another violation, can report it to FDA by calling toll-free:1-888-FDA-4KIDS
RETAILERS AND EMPLOYEES, THESE RULES AFFECT YOU
Starting February 28, 1997- Do not sell cigarettes or smokeless tobacco to anyone under 18.*
- Check photo ID for anyone under 27.
- Sell products only in a direct, face-to-face exchange. (No vending machines or self-service displays permitted except in places that never have anyone under 18 present.)
- Do not sell single cigarettes ("loosies") or packs with fewer than 20 cigarettes ("kiddie packs").
- Only accept coupons for redemption from adults at the store, not through the mail.
- Do not give out any free samples of cigarettes or smokeless tobacco.
- Inside your store: Have all tobacco ads and promotional material that have any pictures or colors removed. Use only ads or material with black text on a white background. (Exception: Inside places that never have anyone under 18 present, pictures or colors are permitted if the ads are not visible from the outside and cannot be removed.)
- Outside your store: Have all outdoor tobacco ads and promotional material (including on store windows) that are within 1,000 feet of a school or public playground removed. Beyond 1,000 feet, use only ads or material with black text on a white background.
- Do not give hats, t-shirts, or any other gift or item to anyone in exchange for a tobacco proof-of-purchase or as part of a sale of cigarettes or smokeless tobacco.
Last revised May 14, 1997.