Any cigar advertisement will be required to carry one of five warning labels. While these warning labels must cover 30 percent of two areas of the box, they will only need to be placed on 20 percent of the advertisements. Warning labels for advertising must be rotated quarterly as per a plan submitted to FDA.
FDA declined to define advertising, but stated that it believes advertisements may appear in:
Promotional materials (point-of-sale or non-point-of-sale), billboards, posters, placards, published journals, newspapers, magazines, other periodicals, catalogues, leaflets, brochures, direct mail, shelf-talkers, display racks, Internet Web pages, television, electronic mail correspondence, and also include those communicated via mobile telephone, smartphone, microblog, social media Web site, or other communication tool; Web sites, applications, or other programs that allow for the sharing of audio, video, or photography files; video and audio promotions; and items not subject to the sale or distribution ban in § 1140.34. (Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act…, 334-335)
It has also stated that it will issue further guidance on how to effectively provide warning labels for advertising in some of these mediums.
FDA will require all retailers and manufacturers who intend on advertising to submit advertising plans beginning Aug. 8, 2017. In the opinion of this guide, retailers and manufacturers will not be punished for failing to supply advertising plans until Aug. 8, 2018, however, FDA is encouraging those who would fall under the advertising requirement to begin submitting the plans by next August so the agency can work with the companies to develop compliance. (Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act…, 374)
The agency does not believe submitting advertising plans for compliance would delay a product so long as the manufacturer follows its guidelines, which it expects to issue within the next 12 months. FDA has stated that if it receives a higher than expected amount of advertising plans, it might extend the compliance period so that no manufacturer is forced to wait on advertising because of an FDA delay. (Ibid.)
FDA also states it does not know of an instance in previous regulation where a company was delayed by FDA's advertising requirements. (Ibid.)
- Will there be ads with warning labels on halfwheel
Yes. There already are, but once these rules go into effect, every cigar ad will require this.
- Will there be warning labels in cigar catalogs?
- Can FDA regulate social media accounts of cigar companies?
- Could FDA require cigar representatives to put warning labels on basic social media posts?