WASHINGTON — The National Association of Convenience Stores has urged the Food and Drug Administration to withdraw its proposed rule to drastically reduce nicotine levels in cigarettes and non-premium cigars, warning that the move could fuel illicit tobacco sales and devastate small retailers.
In a formal comment letter, NACS argued that the FDA’s proposal would effectively amount to a ban, since existing products would have to be pulled from shelves while manufacturers reformulate and seek new regulatory approvals. Without a clear pathway for reduced-nicotine alternatives, NACS said, consumer demand would shift to illegal markets rather than vanish.
“NACS’ members are consumer-facing entities that constantly adapt to changing consumer demands and are thus effective surrogates for consumers. It is important to remember that offering a product for sale does not guarantee that consumers will purchase it,” the letter stated. “By requiring the reduction of nicotine, these regulations will ban all of the cigarettes, non-premium cigars, cigarette tobacco, roll your own tobacco and pipe tobacco currently on the market in the United States, which will push a huge portion of current smokers to the illicit market which will undermine the progress made on reducing youth smoking and severely injure the convenience store industry. The growth of the illicit market also will undermine FDA’s goals in putting forward the Proposed Rule. For those reasons and as further explained below, NACS opposes the Proposed Rule and strongly urges FDA to withdraw it.”
NACS also stressed that many convenience store operators are small business owners who would face serious economic challenges if forced to pull such products from their stores. The association added that the growth of an illicit market would counteract FDA’s public health goals and create a larger regulatory challenge.
NACS said it will continue monitoring the issue closely and provide updates as the FDA weighs whether to advance or withdraw the proposal.
