TO: State Convenience, Food and Fuel Retailing Association Executives
FROM: Lyle Beckwith
DATE: February 13, 2019
SUBJ: FDA enforcement & retail store compliance
The FDA is making it clear that it will pursue minimum age sales compliance efforts in an aggressive manner. It’s not just the compliance operations that are underway: FDA is publicly announcing retailers who are not in compliance and discussing additional actions with state Attorneys General. Now more than ever, retailers need to bolster training programs and ensure they are in compliance with minimum age sales laws.
Make sure you read the FDA Commissioner’s statements of 2/11/19, available here: https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm631112.htm
FDA may be contacting some of your retail members in the coming days. The FDA Commissioner’s statement said,
“we’re also writing the corporate management of a number of large, national retail chains to discuss whether there is a corporate-wide issue related to their stores’ non-compliance and put them on notice that the FDA is considering additional corporate-wide enforcement avenues to address violative tobacco sales to youth, which have also included illegal sales of e-cigarettes to kids.”
As a founding Board member of the We Card Program, NACS is a strong proponent of following best practices to identify and deny minors’ attempts to purchase age-restricted products.
Right now is a critical time to communicate with your membership to make sure that they are doing everything possible prevent illegal sales of tobacco and e-cigarettes to minors.
I encourage you to distribute an FDA bulletin to your membership. See below for a suggestion:
**FDA Compliance Alert**
FDA announces increasing enforcement on retail stores.
(your association’s name) encourages all retailers to continue in their efforts to successfully identify and prevent age-restricted product sales to minors. For resources beyond your current programs, check in with the We Card Program – www.wecard.org and follow links to:
• Implement FDA compliant online training through 3 courses: Employee Training, Refresher Training and Manager Training
• Sign up for ID Check-Up — mystery shopping to make sure your stores are indeed asking for and checking IDs.
• Visit the wecard.org’s Resource Center to make sure you have updated State and Federal law information.
• Check out We Card NOW — a mobile site with digital resources, an Age Calculator tool and a digital version of the We Card calendar along with training tips.
Please contact Doug Anderson at The We Card Program, Inc. if you’d like any additional information, specific links or support material. He can be reached at firstname.lastname@example.org
Sr. Vice President, Government Relations