TOP Tobacco Republic Tobacco. FDA Regulation 35 Month Review May 21, 2012

Similar documents
Effective and Compliance Dates Applicable to Retailers, Manufacturers, Importers, and Distributors of Newly Deemed Tobacco Products

Mitch Zeller, Director, Center for Tobacco Products, FDA September 19, 2013 Kansas Public Health Association

RESPONSE FROM ALTRIA:

How to Regulate E-Cigarettes? Are we asking the right questions?

The Tobacco Control Act s Premarket Review Authorities: Reports on Substantial Equivalence and Exemption Requests (905(j))

TFI WHO 20 Avenue Appia 1211 Geneva 27, Switzerland. Gentlemen:

FDLI s Enforcement, Litigation, and Compliance Conference. Center for Tobacco Products Office of Compliance and Enforcement 2017 Update

Factors influencing European cigarette markets in the short and mid term. Christoph Ihmels, ERA Packaging Conference

Planning For The FDA s 'Deeming Rule' For E- Cigarettes

FDA s Action Agenda to Reduce Tobacco Related-Cancer Incidence and Mortality

UPDATES FROM THE FDA CENTER FOR TOBACCO PRODUCTS (CTP)

Plain Packaging and Intellectual Property Rights. Cheng Tan, Head of Trade Marks

Health (Tobacco, Nicotine etc. and Care)(Scotland) Bill. Japan Tobacco International (JTI)

UNITED STATES REGULATION OF TOBACCO PRODUCTS. Presented by Mitch Zeller Center Director FDA Center for Tobacco Products

Using Science to Inform Public Policy: A Case Study on Tobacco Retail Regulation in Buffalo, NY.

Challenges and Opportunities: Implementing the Tobacco Control Act

REGULATIONS OF THE PLYMOUTH BOARD OF HEALTH FOR TOBACCO SALES IN CERTAIN PLACES & SALE OF TOBACCO PRODUCTS TO MINORS

FDA Center for Tobacco Products: Tobacco Research and the Population Assessment of Tobacco and Health (PATH) Study

Problems with the 1906 Act

JTI Switzerland. JTI Schweiz 3

AN UPDATE ON FDA S COMPREHENSIVE PLAN ON TOBACCO AND NICOTINE

EDICT ON PROMULGATION OF THE TOBACCO LAW TOBACCO LAW

MARIJUANA LEGALIZATION. INITIATIVE STATUTE.

CIGARETTE FIRE SAFETY AND FIREFIGHTER PROTECTION ACT Act of Jul. 4, 2008, P.L. 518, No. 42 Cl. 35 AN ACT

RESULTS AT A GLANCE. FDA Oversight of Tobacco Manufacturing Establishments. HHS OIG Data Brief August 2017 OEI

Texas Bill to Regulate Vapor Products. Over the past few years, electronic cigarettes, also commonly referred to as e-cigarettes

CONSENT CALENDAR July 8, Honorable Mayor and Members of the City Council Councilmembers Jesse Arreguín and Darryl Moore

Marijuana Legalization Public Health Considerations & Municipal Options

ACHIEVING SMOKEFREE AOTEAROA BY2025

The Legal Resource Center for Public Health Policy provides information and technical assistance on issues related to public health in Maryland.

WHO Framework Convention on Tobacco Control

YOUR GUIDE TO TOBACCO LEGISLATION

GENERAL INFORMATION AND INSTRUCTIONS

2/17/2018. Prof. Steven S. Saliterman Department of Biomedical Engineering, University of Minnesota

Prof. Steven S. Saliterman. Department of Biomedical Engineering, University of Minnesota

The Devastating Toll of Tobacco

Global E-Cigarette Market- Industry Analysis & Outlook ( )

Modified Risk Tobacco Product Applications A Succinct ENDS Industry Perspective

Cannabis use carries significant health risks, especially for people who use it frequently and or/begin to use it at an early age.

Evaluating Interventions to Curb ENDS Use Among Utah Youth

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION STAFF WORKING DOCUMENT

Copyright GASP European Union Delegation National Health Forum Chisinau, Moldova, November Tobacco Control

4/26/2013. Libia Lugo Drug Specialist San Juan District Office Investigations Branch

RAISING THE TOBACCO SALE AGE TO 21: BUILDING STRONG ENFORCEMENT INTO THE LAW

B.C. Cannabis PRIVATE RETAIL LICENSING GUIDE Applications and Operations

Adult recall of tobacco advertising on the Internet

Investor Day LA&C Region Lausanne, September 29, Jeanne Pollès President, Latin America & Canada Region

FEMA Mission Statement and Critical Objectives

AMA Submission House of Representatives Standing Committee on Health and Ageing inquiry into the

FDA Tobacco Retailers Compliance Program Presentation

Canadian Experience in Tobacco Regulations. NCDs Expert Meeting Washington, DC November 17, 2014

E-Cigs, Etc.: Policy Options for Regulating Nicotine Delivery Devices. Indiana Local Boards of Health Webinar Feb. 12, 2015

Standards, Education, Verification. Patient Focused Certification

Medidée Services SA. Nano-Tera.ch. 05 February 2015 part 4. Intro ISO GMP - GLP Pierre-Alain Sommer

After the FDA Tobacco Control Law: Which Policies Are Legal To Pursue?

SUNRISE, FLORIDA ORDINANCE NO.

UNOFFICIAL COPY OF HOUSE BILL 1300 A BILL ENTITLED

The Economic Impact of Tobacco Control

Burkina Faso. Report card on the WHO Framework Convention on Tobacco Control. 29 October Contents. Introduction

MINISTRY OF PUBLIC HEALTH

ARE YOU READY FOR RETAIL?

Uganda. Report card on the WHO Framework Convention on Tobacco Control. 18 September Contents. Introduction

PFC Industry Courses and Certifications

Cannabis Legalization and Regulation in British Columbia Discussion Paper

Local Government Practices in Licensing Tobacco Retailers Office of Government Relations

TOWN OF KENNEBUNK MORATORIUM ORDINANCE ON RETAIL MARIJUANA ESTABLISHMENTS AND RETAIL MARIJUANA SOCIAL CLUBS

- Decree nº (January 2 nd, 2006) Promulgates the Framework Convention on Tobacco Control

The Spreading Plague of Counterfeiting

SMOKE - FREE ONTARIO. The Next Chapter For a Healthier Ontario

COMMITMENT TO A TOBACCO ENDGAME IN ONTARIO

From Congress to California Communities: The Federal Tobacco Control Act

RECALL INDEX 2016 Q2

RADM Patrick O Carroll, MD, MPH Senior Advisor, Assistant Secretary for Health, US DHSS

Module 13 Safety and Health at Work, Unit 01 Workplace Safety and Health OSHA Reporting Form 300

REGULATORY OPTIONS FOR MOVING TO THE ELIMINATION OF SMOKING. Ron Borland PhD

Tobacco Free Ireland Action Plan

Responsible Retailing of Recreational Cannabis. Recommendations to British Columbia s Cannabis Regulation Engagement Secretariat

Primer: Medical Device User Fee Amendments Han Zhong l September 2011

(Cochineal Extract and Carmine: Declaration by Name on the Label of All Foods and Cosmetic Products That Contain These Color Additives)

Chapter 9 TOBACCO AND SYNTHETIC NICOTINE CONTROL

Designing publicly funded healthcare markets Note by the Russian Federation

TOBACCO USE AMONG AFRICAN AMERICANS

PUBLIC CONSULTATION DOCUMENT

Cannabis Regulation. Costs If You Do Costs If You Don t. CSG 2017 National Conference. Andrew Freedman Freedman & Koski, Inc

Pharmaceuticals Working Group Output Recommendations. Dr Oliver Werner & Vd J Pandey Chair & Co Chair

Addressing the Challenge of ENDS Regulation. David Graham President & Managing Partner Reveritas Group

Shawn Stevens Food Industry Consultant and Lawyer

Ordinance amending the Health Code to prohibit tobacco retailers from selling flavored

GLOBAL TOBACCO REGULATION OVERVIEW IVAN GENOV RESEARCH ANALYST 31 MAY 2018

The Family Smoking Prevention and Tobacco Control Act s Grant of Authority to the FDA and the Impact on the Grower

Name European Smoking Tobacco Association (European Commission s register of interest representatives: )

Competition in the Vaporized Nicotine Market and its Potential Impact on the Cigarette Market. David T. Levy Georgetown University

At the end of the bill (before the spending reduction account), insert the following:

Overview of the Distilled Spirits Industry

Country profile. Gambia. Note: Where no data were available, " " shows in the table. Where data were not required, " " shows in the table.

An Overview of the Government of Canada s Approach to Legalize, Regulate and Restrict Access to Cannabis. February 2018

Problem Which option Additional option Additional comments definition Yes No change No further observations.

Abuse of a dominant position A case study on shelf labels in snus coolers

Three-Month Extension of Certain Tobacco Product Compliance Deadlines Related to the

A GUIDE TO NEW REGULATIONS NICOTINE VAPOUR PRODUCT AND TOBACCO COMPLIANCE IN SCOTLAND

Transcription:

FDA Regulation 35 Month Review May 21, 2012

Company Background Republic Tobacco Established 1972 TOP Tobacco 1987 (Purchased from RJ Reynolds) Industry Leading RYO/MYO Brands - TOP Established 1888 - JOB Established 1838 - Gambler Established 2001 - DRUM 1999 (US Rights) RYO/MYO <1.5% of Tobacco Industry 1

RYO/MYO Uniqueness RYO/MYO Cigarettes Different and Unique From Any Other Tobacco Product - Tobaccos Blends/Types/Amounts Used - Tubes Sizes/Packings (Density)/Filter/Components - Papers Sizes/Packings (Density)/Porosities/Components/Filter (Unfiltered) Range of Cigarettes MADE BY CONSUMERS = COMPLEX and DIFFICULT to DEFINE Making Your Own Cigarette = Making Your Own Cup of Coffee (Everyone has THEIR OWN WAY of MAKING THEIR OWN Resulting in NO TWO RYO CIGARETTES EVER BEING THE SAME) Development of Regulatory Standards for Consumer Made RYO/MYO Cigarettes Requires Significant Consideration 2

Compliance A History of Federal, State and Local Compliance - USDA Mid 1980 s to Present - OSHA Late 1970 s to Present - Insurance Late 1970 s to Present - State EPA - Late 1970 s to Present - Federal Trade Commission - Late 1970 s to Present - State Consumer Agencies - Late 1970 s to Present - ATF/TTB - Late 1970 s to Present - MSA/NAAG 1999 to Present SPM - FDA 2009 to Present - PACT ACT 2010 to Present 3

Experiences FDA / FSPTCA / CTP Communication - Accessible - Approachable - Generally Timely Start-up Logjam - Generally Understandable Top Down Pronouncements Unwieldy ISSUE: DURING CTP START-UP, UNREGULATED NON- COMPLIANT UNDERGROUND has ESTABLISHED with NO MEANS for INDUSTRY to ASSIST CTP ENFORCEMENT 4

Experiences FDA / FSPTCA / CTP - Continued Reporting Compliance - Software Cumbersome - IT Group Outstanding Operating Compliance - Length of Communication Process Potentially Business Prohibitive (e.g. State Requirements Which May Conflict with FDA Requirements Paper vs. Acetate Filters) - GMP Compliance as Small Company Regulation to Take Account of Industry Don t Close Off Market to Small Businesses - Vital to Industry, Economy 5

Costs of Compliance - $$ MILLIONS $$ - Legal - Personnel - Manufacturing - Import - Training - Technology - Packaging - Laboratory - Infrastructure - User Fees The Real Financial Burden of the Millions Invested in Compliance by Small Companies is Disproportionate. We have Less Financial and Human Capital to Employ than Large Companies. If Regulation is Not Logical and Purposeful the Laws Become Crippling to Industry and Government PACT ACT Experience 6

Costs of Compliance Opportunity Costs of Compliance - Product Development Delays Substantial Equivalence - Product Innovation Delays Substantial Equivalence - Factory Investments Equipment On Hold - Factory Investments Personnel On Hold - Factory Investments Technology On Hold - Product Import Delays Inspections Demurrage ADVANTAGE: NON-COMPLIANT (UNREGULATED) COMPANIES THAT REPLACE LEGITIMATE COMPANIES ON PRICE (Lower Cost Base) AND SPEED TO MARKET (Regulatory Approval Delays) 7

Costs of Compliance Costs of Unintended d Consequences of Regulation -Flavored Cigarette Papers / Flavored Tobacco Wraps/Flavored Herbal Wraps Some Companies Recalled by 9/22/09 Costs in Millions OTHERS REFORMATTED PACKAGING AND CONTINUED MARKETING TOBACCO WRAP RYO CIGAR (No Such Thing) - Some Importers of Cigarette Papers and Cigarette Tube Products Have Either Not Reported or Have Relocated Operations Into the US and Not Registered - Legitimate, Compliant Companies Suffer Significant Increased Costs and Significant Lost Business 8

REGULATED FLAVORED PRODUCT Before 9-22-2009 Flavor Ban: After 9-22-2009 Flavor Ban: RECALLED 9

UNREGULATED FLAVORED PRODUCT Before 9-22-2009 Flavor Ban: After 9-22-2009 Flavor Ban: WHAT CHANGED??? 10

Compliance Recommendations - Level the Playing Field - Regulate All Tobacco Products Correct Unfair Effects of Unintended Consequences on Compliant Companies - Publicly Identify Registered Companies and Registered Products - Engage Industry in Regulatory Process 11

FDA Regulation 35 Month Review May 21, 2012