January-February 2020 Michigan Food News

BE A SURVIVOR Not all independent grocers are going out of business.

Independent grocers can still compete and win!

Not as profitable as you once were? Independent grocers are in a fight for their lives. Don’t be the next grocer forced to shut their doors. Continuing to operate in the same manner and hoping for different results will not be a winning long-term strategy. The future remains bright for those who embrace the change necessary to survive and prosper. While transitioning wholesalers may require some extra effort and a change to the status quo, isn’t it worth it to make the call sooner rather than later to learn how Associated Wholesale Grocers can provide you a lower cost of goods and a real chance to compete in the marketplace today and in the future?

For a lower cost of goods PLEASE CONTACT:

Keith Knight Wayne Hall Dave McKelvey Diane Guerrero

Associated Wholesale Grocers, Inc., 5000 Kansas Avenue, Kansas City, KS 66106

615-290-6093 608-347-7318 713-876-6240 262-806-1203

President’s Message

From everyday issues to disaster recovery, we're here to help william j. hallan

MRA President and Chief Executive Officer

Of course it happened on a day when I was out of the office.

I was in Detroit for a meeting alongside Meegan Holland, our Vice President of Communications and Marketing, when I got the text message. A sewer pipe had burst on the third floor of our building causing water damage throughout the main floor and into the garden level. Our security footage captured the exact moment of the incident. It’s one of those videos you have to watch once but never want to watch again.

At that moment, I was thankful for the dedicated MRA team members who jumped into action for a mission that fell outside of all their job descriptions. Calls were made and trashcans moved to the disaster zone. A plumber arrived almost instantaneously to limit the damage. A restoration company arrived an hour later to clean the mess.

We sent some of our employees home so they could continue assisting our members from a non-toxic environment (many employees have remote access). And we have a system in place so that customer service was uninterrupted. Several employees stayed behind to oversee the process of putting the office back together.

I’m sure every retailer has had one of these moments or at least thought about the potential impact of an event that interrupts business operations. For us, preparation was key.

A number of years ago MRA implemented a disaster recovery plan with the objective to achieve business continuity in the event of a disaster.

While our plan covers a number of catastrophic scenarios such as fire, tornado or active shooter, it also addresses more mundane events including power outages and data recovery.

We compile all contact information for vendors and service providers, and we even have a mutual aid agreement with another Lansing-based association to provide office space and other resources if our building is uninhabitable.

Annually, we perform a roundtable exercise where we run through a number of “what-if” scenarios to test the plan and make sure we all know how to implement it. In this case, we referenced our list of approved vendors and initiated our emergency alert system to notify employees when the building would reopen (thankfully, it was the next day).

However, as prepared as you can be, there is nothing more important than having a dedicated group of employees, and MRA is fortunate to have some of the best. Those same folks that jumped into action to preserve our historic building are here every day working for you, our members.

We’re here to answer your health insurance questions, assist with your workers’ compensation insurance, advocate against the expansion of the bottle bill or help you navigate the regulatory environment to obtain a liquor license. We’re here to help even when we’re dealing with our own mini disaster.

So if you have a question, ask us. And if you need advice on a disaster recovery plan, don’t hesitate to reach out. Our plan (unfortunately) has been tested. Happy New Year!

Michigan Grocers Division Advisory Board William J. Hallan, President Jim Gohsman DJ Oleson Michigan Retailers Association SpartanNash Oleson’s Food Stores John Leppink Rich Beishuizen Don Symonds Leppink’s Food Centers Country Fresh Lipari Foods Ken McClure Craig Diepenhorst Thom Welch Kroger Company of Michigan H.T. Hackney Hollywood Markets Bryan Neiman Dave Duthler Neiman’s Family Market AMRA Energy Jim Forsberg Arctic Glacier Premium Ice Michigan Grocers is a division of the Michigan Retailers Association

William J. Hallan Publisher Lisa J. Reibsome Editor & Ad Sales

(517) 449-2256 MGAReibsome@comcast.net Publisher does not assume responsibility for statements made by advertisers in business competition. © MICHIGAN FOOD NEWS 2020 MICHIGAN FOOD NEWS

JAN/FEB 2020 3

2020 Vision Concerns & Opportunities: How does your outlook Compare?

This year marks the 70th anniversary of "The Food Retailing Industry Speaks" report, which reveals what's on the minds of food retailers and wholesalers. In a webinar, FMI President and CEO Leslie Sarasin provided a summary of the report’s findings.

Highlights include insights into what trends and issues grocers see as the biggest concerns as well as those that keep grocers optimistic, possibly providing the biggest areas for growth.

Negatively Impacting Sales & Profits The biggest food retailer concern is expenses, which are led again by the cost of health care benefits and credit/debit card interchange fees. n Sarasin reports that 83 percent of survey respondents expect to experience an increase in the cost of providing health care benefits. Among these food retailers, the average overall net increase is expected to be 6.8 percent, almost twice what was experienced in the prior year. n Credit/debit card interchange fees continue to average about 1 percent of sales. "And while 1 percent may not sound like a lot," Sarasin says, "let's remember that it's 1 percent right off the company's bottom line," she points out.

Positively Impacting Sales & Profits For the second year in a row, food retailers identified the top two issues positively impacting sales/profits as the health and wellness proposition (82 percent) and the food as medicine trend (76 percent).

Sarasin reports that a significant majority of food retailers plan to allocate more space for items that are locally sourced and/or organic, as well as more products for managing health and wellness. Most food retailers also expect the number of gluten-free products that they offer will increase over the next two years.

FMI asked food retailers: In the next two years, how do you expect the following will change? SKU allocation to:

Increase Same Decrease Local Sourcing 84% 15% 0% Organic 78% 21% 0% Health & Wellness 73% 23% 4% Gluten-Free 60% 37% 2% See page 5 for a deeper look at how grocers are responding to health and wellness trends.

MRA is here to help with expenses

The Michigan Retailers Association helps retailers of all sizes navigate options for all types of insurance, including workers compensation, health, dental, vision, life and disability, as well as provides a cost-saving merchant processing program.

MRA Group Insurance Programs Providing insurance coverage for small and large groups, MRA's health insurance experts take the hassle out of group health insurance. Insurance carriers include: l Health — Blue Cross Blue Shield of Michigan, Blue Care

Network, HAP; Priority Health, Physicians Health Plan and McLaren Health Care;

l Dental — Retailers Insurance Company, administered by

Delta Dental of Michigan;

l Vision – VSP; and l Life & Disability – Guardian and Unimerica Insurance Co.

Employers can make changes to their plan anytime during the year. Questions? Email or call MRA's insurance expert, Ally Nemetz, at 800.366.3699 x 350 or anemetz@retailers.com.

Workers' Compensation Insurance As MRA members, grocers have two strong, Michigan-based workers comp options. Retailers Insurance Company offers workers’ comp with low minimum premium requirements and discounts for best practices. Policies have a $2 million employers’ liability limited — compared to the standard $500,000 — and include $100,000 in protection if a business bank account is breached. Several payment programs are available based on the premium size.

The Michigan Grocers Fund also provides a strong format for securing workers’ compensation. As a member-owned, selfinsured program, the Fund allows Michigan grocers to have more control of their long-term workers’ comp costs. The Fund was approved to distribute almost $500,000 of surplus premium on their 2020 renewal, representing an average credit of 41% off of the premium members will pay in 2020.

Merchant Processing Program MRA's merchant processing program is another way the Association helps members save money. Servicing all major cards, MRA handles processing for thousands of businesses in all 50 states. With a free comparison, it makes sense for grocers to contact MRA to see, in writing, how to benefit from MRA's program. For details, visit retailers.com/member-benefits/creditcard-services or call 800.563.5981 and select option 2.

4 JAN/FEB 2020

MICHIGAN FOOD NEWS

2020 Vision Health & Wellness Offerings: How Does Your Store Compare?

Many of the coming year grocery-related predictions say there will be a continued or increased focus on health, wellness and self-care. For instance: n Whole Foods predicts that food brands will expand their offerings to supply healthier, organic versions of nostalgic foods. n Research company Innova Market Insights predicts that consumers will continue to want food that’s good for them that they also feel good about eating. In addition, the company says people will want to eat or drink products that promote physical appearance or are good for their hair, skin or body. n The annual food trends list from the University of Florida's Institute of Food and Agricultural Sciences says that, with consumers’ growing interest in health and anti-aging, grocers should prepare for drinkable collagen products. While collagen was first introduced as a supplement, now the food industry is expanding its application to various drink products.

45%

Closed-Loop TV

35%

Candy-Free Checkouts

34% 31%

New Mother Programs

24%

Kiosks with Health Tips

FMI says that these initiatives might be interesting future considerations for retailers who are trying to set themselves apart from the competition.

n Almost all said they currently offer Good-For-You Products.

The report breaks down the health and wellness movement, looking at the ways food retailers are contributing to health.

When asked to identify the top offerings/services — those available in more than 50 percent of stores under their banner — grocers listed the following: 84%

Healthy Recipes

69%

Product Sampling

69%

Menu Labeling

68%

Better-For-You Prepared Foods

Weight Management Classes

Michigan Efforts Michigan Food News reached out to several Association members to see what health and wellness offerings these independent grocers make available in their Michigan stores:

The recent Food Marketing Institute report, “Retailer Contributions to Health and Wellness,” finds that grocery stores are expanding the health and wellness programs they offer to shoppers. The majority (90 percent) of survey respondents report having an established health and wellness program, and about half (49 percent) have programs for both employees and customers. This is an 86 percent increase in health and wellness activity since 2017.

Good-For-You Products

These include:

64%

In contrast, services that are not offered as frequently across the retailers — those available in less than 50 percent of stores under their banner — also have remained constant over time.

n Both Healthy Recipes and Menu Labeling tied for second. n A few others said they offer Product Sampling and BetterFor-You Prepared Foods.

A grocer with six locations shared that, in 2020, they plan to offer more Menu Labeling, especially in the deli, and that they’d like to expand their gluten free section as well as add a section for those following the Keto diet.

A northern Michigan grocer said that the store teamed up with the local Weight Watchers group to offer free Weight Watchers program sign up at the market; and they are considering extending the partnership to offer weight management classes at the market.

A west Michigan single-store grocer said that most of their shoppers haven’t yet gotten into the organic movement, and that any efforts to sell organic products "basically turns into shrink.”

Another northern Michigan grocer shared a similar sentiment saying there’s not much demand for healthy products in their stores. They offer Good-For-You Products but "don't do much to promote them."

—By Lisa J. Reibsome, Editor MICHIGAN FOOD NEWS

JAN/FEB 2020 5

McClellan named GenNext Award winner

Progressive Grocer's GenNext Awards recognized 25 individuals under age 40 who have demonstrated commitment to a career in the grocery or CPG industries, innovation through their work, leadership and industry involvement through associations, charities or the community.

Selected from a slate of 175 nominees — Amy McClellan, SVP, Martin’s Super Markets; Division VP, Retail, SpartanNash — received the award for "leading the way in store-concept marketing and advertising innovation, personalization, digital media and ecommerce spaces." According to Progressive Grocer, "McClellan’s corporate responsibility activities — she has served on a variety of nonprofit boards and development committees — showcase the idea that a grocery chain isn’t just a business but also a cornerstone of the community that can help raise funds and awareness for local efforts. Her drive to innovate with grocery technology highlights the fact that even a small chain with a small budget can change and grow to speak to customers effectively and continue to drive sales in a world of Amazon and meal kits." Congratulations, Amy!

6 JAN/FEB 2020

MICHIGAN FOOD NEWS

Michigan Apple Committee selects ambassador The Michigan Apple Committee crowned Victoria Wittenbach of Belding (right) as the 2020 Michigan Apple Queen and Sarah Rasch of Grand Rapids as first runner-up.

“The Michigan Apple Queen has the great responsibility of serving as an ambassador for the Michigan Apple industry," says Michigan Apple Committee Executive Director Diane Smith. “Before the competition, the candidates undergo a rigorous interview and essay writing process. Victoria will be very busy in 2020 representing the industry at various parades, schools, festivals, grocery store events and more.”

As the face of the Michigan apple industry, Wittenbach will also travel to schools teaching students about apples. Both will receive scholarships from the Michigan Apple Committee and the Michigan State Horticultural Society.

Government Affairs Update

2020 kicks off with a flurry of changes that will impact grocers

By Amy Drumm MRA Vice President, Government Affairs Legislation introduced to expand bottle deposit law Rep. Jon Hoadley (D-Kalamazoo) introduced House Bill 5306 to expand Michigan’s bottle deposit law, and Sen. Sean McCann (D-Kalazamoo) will introduce a similar bill in the Senate later this month. The bills aim to expand the 10-cent refundable deposit to include all non-carbonated beverages while exempting milk containers. HB 5306 calls for universal redemption of all containers regardless of whether a retailer sells a particular brand and/or product. It also includes lower redemption thresholds for retailers under 5,000 square feet ($10/day max).

MRA has participated in workgroup meetings on this subject; and while the bill sponsors heard our concerns, this has not changed their direction. It is unlikely that the bills will receive serious consideration in either chamber, but there was a lot of support expressed in the meetings, so we aren’t taking this lightly. We requested the bill be sent to a House committee other than Natural Resources (where the bills have typically been referred) since the chair supports the bottle deposit law.

HB 5306 was referred to the House Regulatory Reform Committee instead. MRA and the Michigan Recycling Partnership released statements to the media expressing our opposition to expansion and concerns with the proposed legislation.

We urge you to contact the House committee chair and your legislators to express your concerns with expansion and with continuing the current deposit system. Please share with them the very realistic problems and costs you experience in your stores in complying with the law. Contact info — House Regulatory Reform Committee Chair Mike Webber: (517) 373-1773; MichaelWebber@house.mi.gov. Find your legislators at retailers.com/advocacy/take-action.

Treasury opines that kombucha is subject to deposit law In a Dec. 11 notice, the Michigan Department of Treasury stated that kombucha products should be subject to the bottle deposit law. This change is due to the state adopting the federal definition of “non-alcoholic” and the inclusion of “non-alcoholic carbonated drinks” under the deposit law. To allow manufacturers and retailers time to comply with the new interpretation, the state will not enforce this change until May 1, 2020.

The FDA considers a beverage to be non-alcoholic if it contains less than 0.5% alcohol by volume. Commercially sold kombucha must not exceed that threshold at all stages of the

fermenting process to be sold as a regular beverage not subject to alcohol laws. Treasury previously used the interpretation that trace amounts of alcohol in a product meant it was not alcohol-free or non-alcoholic. MRA will submit a letter challenging the state’s interpretation.

Federal Tobacco 21 Law effective immediately Included as a provision in the federal spending bill signed into law by President Trump on Dec. 20, the legal age to buy tobacco or vaping products will increase to 21. The final spending bill added a section that amends the Federal Food, Drug and Cosmetic Act to formally raise the purchase age from 18 to 21 for tobacco and vaping products. The change requires the Secretary of Health and Human Services to publish a final rule updating the regulations within 180 days. Once filed with the Federal Register, the rule will take effect no later than 90 days.

However, the FDA has already published a notice on its website that it is now illegal for a retailer to sell any tobacco product — including cigarettes, cigars and e-cigarettes — to anyone under age 21. We're requesting clarification on that interpretation, but retailers should prepare for the age change and may want to consider implementing it now.

Success! Governor signs marketplace facilitator bills On Dec. 12, Gov. Gretchen Whitmer signed HB 4540-4543, giving retailers an early Christmas present of sales tax fairness for most retail sales. Public Acts 143-144 of 2019 correct a loophole that allowed marketplace sellers who sell on online retail platforms such as Amazon and eBay to avoid collecting and remitting sales tax. The new laws bring us closer to true sales tax parity for in-state retailers who have collected taxes and had to compete at a great disadvantage against online, out-of-state companies. The new laws ensure that all sales are treated the same way in regard to tax collection.

Public Acts 145-146 codify the Treasury Department's already implemented guidance on the U.S. Supreme Court’s Wayfair decision. They ensure that out-of-state retailers who sell more than $100,000 into Michigan or make 200 or more separate Michigan sales must collect and remit our sales tax. MRA hopes these laws will mark the end of showrooming, where consumers visit Michigan stores but ultimately buy online where sales tax was not charged. By capturing these facilitated sales, Michigan joins 38 states in asking for fair tax treatment of retail sales.

MICHIGAN FOOD NEWS

JAN/FEB 2020 7

Students may apply now for scholarships The Michigan Retailers Association Foundation scholarship competition kicked off January 1. As an official division of the Michigan Retailers Association, Michigan Grocer members are eligible to apply for the MRA scholarships as well as the long-standing Paul M. Felice scholarship. Scholarships range from $1,000 to $1,500.

Applications are accepted through April 1 for 24 one-year scholarships for the 2020-21 academic year. Those eligible to apply are high school seniors and college freshmen, sophomores and juniors who are dependent children of owners or full-time employees of MRA member businesses, which includes Michigan Grocers members. Part-time employees who are full-time students are also eligible.

An independent selection committee made up of educators will select the winners this spring. Financial need is not a consideration. In selecting the winners, the committee evaluates the applicants’ academic records, test scores and extracurricular activities including, but not limited to, retail employment.

The committee will not discriminate on the basis of sex, race, religion or national origin.

Please make the program known to all of your employees as soon as possible. For more details or to apply online, see bit.ly/MRAscholarship2020 or retailers.com under the Member Benefits tab. Students may contact MRA’s Rachel Schrauben at (800) 366-3699 ext. 346 or rschrauben@retailers.com with questions.

Attention WIC Vendors Michigan WIC scheduled four opportunities for vendors to participate in their new online interactive training webcasts. Attending one of these webcasts will fulfill WIC's mandatory training requirement for the current contract cycle.

Webcast dates: Jan. 14, March 17, June 16 and Sept. 22. To register, see bit.ly/2MGE9Nj. The link's landing page also provides information about Michigan's WIC formula changes that took effect Nov. 1, 2019.

Coming this spring: WIC plans to have a new Food Guide in print and available to WIC clients and vendors this spring.

8 JAN/FEB 2020

MICHIGAN FOOD NEWS

Are you compliant with the Fair Labor Standards Act? Grocers: There’s an increased chance you'll be selected for a Fair Labor Standards Act compliance review in 2020. The Fair Labor Standards Act provides minimum wage, overtime, child labor and recordkeeping requirements for covered employers.

U.S. Department of Labor Wage and Hour Division (WHD) representatives alerted MRA that the investigative unit will focus on grocery stores in early 2020.

How is an employer selected for an investigation?

Employers are investigated if a complaint is filed or when the WHD selects certain types of industries or businesses, such as grocers in 2020, for investigation. An investigation consists of the following steps: 1. Examination of records to determine which laws or exemptions apply.

2. Examination of payroll and time records.

3. Interviews with certain employees in private.

4. Meeting with the employer and/or a representative of the firm who has authority to reach decisions and commit the employer to corrective actions if violations have occurred.

The employer will be told whether violations have occurred and, if so, what they are and how to correct them. If back wages are owed to employees because of minimum wage or overtime violations, the investigator will request

that the wages are paid and may ask the employer to compute the amounts due.

Some of the most frequent problem areas identified with regard to hours worked include: 1. Failure to record and to pay for hours spent completing required training; 2. Failure to record and to pay for hours worked before and after scheduled shifts; 3. Failure to pay for hours worked when employees work through meal periods; and 4. Failure to record and to pay for hours spent in travel between store locations.

A document provided by the Department of Labor with more information about how and when employees must be compensated for training, travel and breaks as well as for pre-shift and post-shift work that was not requested but was permitted to be performed is available on MRA's website at bit.ly/WHDhourspaid.

Also helpful is WHD's fact sheet on employing youth in grocery stores under the FLSA, which you can access at bit.ly/WHDgrocery.

For more information about what to expect during a WHD investigator's visit, see bit.ly/WHDexpect.

Michigan businesses to receive tax reduction ahead of schedule

In 2020, Michigan employers will no longer see an Obligation Assessment on their tax rate notice thanks to the early payoff of Michigan Finance Authority bonds by the Unemployment Insurance Agency (UIA).

Recall that in 2012, UIA refinanced a $3.2 billion debt owed to the U.S. Treasury with the issuance of bonds to cover the unprecedented increase in unemployment claims during that time. The bonds were to be repaid by quarterly Obligation Assessments on employers.

Although it was expected that it would take up to 10 years to satisfy the bonds, the bonds were to be paid in full at the end of the fourth quarter of 2019. UIA says this will allow $55 million to remain with employers as opposed to collecting the additional tax through May 2020.

“Paying off the bonds early not only means tax savings for employers, but equally encouraging is the fact that a solvent Unemployment Trust Fund can guard against recession and ensure that temporary funds are available for unemployed workers,” said Jeff Donofrio, director of the Michigan Department of Labor and Economic Opportunity.

“Our team identified a creative solution to eliminate the Obligation Assessment ahead of schedule without jeopardizing responsible management of the Unemployment Trust Fund,” said UIA Director Steve Gray. “Thanks to their proactive actions, employers will see a reduction of $65 to $217 per employee in 2020.”

Employers may visit the UIA website at bit.ly/UIAsavings to view their estimated tax savings.

MICHIGAN FOOD NEWS

JAN/FEB 2020 9

MDARD News

Food establishment recommendations for lead in drinking water

By Tim Slawinski Food and Dairy Division Director Michigan Department of Agriculture and Rural Development

In the past few months, Michigan has seen a significant increase in Action Level Exceedances (ALEs) for lead in residential water supplies from routine three-year lead/copper residential water testing. This is mainly due to the implementation of more stringent thresholds in the Lead and Copper Rule (LCR). As more municipalities submit their routine three-year lead/copper residential water samples for testing, more ALEs for lead are expected.

An ALE is not a violation, but to minimize exposure to lead and copper in drinking water, it triggers other requirements including water quality parameter monitoring, corrosion control treatment, source water monitoring/treatment, public education and lead service line replacement. All community water supplies and non-transient, non-community water supplies are subject to the LCR requirements.

In response, the Michigan Department of Agriculture and Rural Development (MDARD) has been working with the Department of Health and Human Services, Department of Environment, Great Lakes and Energy and impacted local health departments (LHDs) on outreach to licensed food establishments in impacted areas. Once the public notification is issued by the municipality, MDARD and the LHD contact, post or mail a “Food Establishment Recommendations for Lead in Drinking Water” flyers to all licensed food service and food establishments in the affected area. The flyer includes information on testing, flushing the lines and installing filters as well as the types of equipment that may

be impacted. The goal is to provide guidance to food establishments to help reduce the amount of lead to which Michiganders are exposed. This activity is for outreach and advisory purposes and not intended for enforcement.

A federal regulation limiting the concentration of lead and copper allowed in public drinking water at the consumer's tap, the Lead and Copper Rule limits the permissible amount of pipe corrosion occurring due to the water itself. The purpose of the LCR is to protect public health. Lead and copper enter drinking water mainly from the corrosion of plumbing materials.

The LCR establishes action levels for lead and copper based on a 90th percentile level of tap water samples. The lead action level of 15 parts per billion (ppb) remains in effect through December 31, 2024. A new lead action level of 12 ppb will take effect January 1, 2025. Lead and copper 90th percentiles are calculated using highest lead and highest copper results from each site. (Note: The 90th percentile is a measure of statistical distribution, not unlike the median. The median is the middle value. The median is the value for which 50% of the values were bigger, and 50% smaller. The 90th percentile tells you the value for which 90% of the data points are smaller and 10% are bigger.)

Testing in a certified lab is the only way to find out how much lead is in drinking water. For more information, see www.michigan.gov/MILeadSafe and www.michigan.gov/foodsafety.

FDA bans fruity and mint flavored cartridge-based e-cigarettes On Jan. 2, the FDA issued a policy prioritizing enforcement against certain unauthorized flavored e-cigarette products including fruit and mint flavors. Under this policy, companies that do not cease to manufacture, distribute and sell unauthorized flavored cartridge-based e-cigarettes (other than tobacco or menthol) risk FDA enforcement actions. The guidance policy will become effective 30 days after it is published in the Federal Register, which was expected to happen as the Michigan Food News went to press.

The federal Tobacco Control Act provides that new tobacco products (non-grandfathered products) may not legally be marketed without premarket authorization. To date, no electronic nicotine delivery systems (ENDS) products have been authorized by the FDA — meaning that all ENDS products currently on the market are considered unauthorized and illegally marketed and are subject to enforcement at FDA’s discretion.

The FDA intends to prioritize enforcement against these illegally marketed ENDS products by focusing on the following: 10 JAN/FEB 2020

MICHIGAN FOOD NEWS

n Any flavored, cartridge-based ENDS product (other than a tobacco- or menthol-flavored ENDS product); n All other ENDS products for which the manufacturer has failed to take (or is failing to take) adequate measures to prevent minors’ access; and n Any ENDS product that is targeted to minors or likely to promote use of ENDS by minors.

All e-cigarette manufacturers are required to file Premarket Tobacco Product Applications by May 12, 2020. Products for which premarket approval applications are filed before the deadline can then be sold for up to one year while those applications are being considered. Following that period, the products can only be sold if FDA approves the applications.

FDA’s guidance states that retailers will have 30 days following publication of the guidance in the Federal Register to sellthrough current flavored cartridge-based products before they must be removed from stores. To read the full FDA guidance, see www.fda.gov/media/133880/download.

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