As part of the new regulations, cigars will be required to contain one of five warning labels. These warning labels must be affixed to at least 30 percent of two principal display panels (likely the top and front of the box) and must be in black font on a white background. Warning labels will be required as of Aug. 8, 2018.
The five warning labels are as follows:
Seven cigar manufacturers have previously signed a separate agreement with FTC that has required them to use smaller warning labels. FDA believes that using its warning labels will satisfy the FTC requirement. (Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act…, 371-372) FDA is giving those seven manufacturers the option to use an alternative warning in place of the aforementioned fifth warning regarding pregnancy:
(Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act…, 329)
Warning labels for boxes must be evenly distributed for a particular product. So if a manufacturer sells 1,000 boxes of a particular SKU in a given year, they must ensure the five warning labels each appear on 200 boxes. It's unclear how strictly FDA will enforce the even distribution.
Those five warning labels are also subject to appear in all cigar advertisements. (More details here.)
Retailers are also required to place a sign with all five warning labels, as well as an additional warning statement. (More info here.)
- Will manufacturers/retailers be able to hand out branded promotional items (swag)?
- Will swag be required to have warning labels?
- Will state warning labels, such as California's, still be required?