Tobacco: New Year, Old Battles, Different Outcomes?

C-stores continue to combat nicotine legislative conundrums, but also welcome product diversification.

On the one hand, voters chose more regulation. For example, California’s Proposition 31 passed with 76% of the ballots, approving a statewide ban of almost all flavored tobacco products, including menthol. Only premium cigars and hookahs remain exempted. Tobacco companies requested the U.S. Supreme Court intercede, arguing that a state doesn’t have the authority to regulate products that fall under the purview of a federal agency, in this case, the Food and Drug Administration (FDA). The court declined to review the case, so the law took effect on Dec. 21.

The same election also ushered in a Republican majority in the U.S. House of Representatives, which traditionally indicates a more pro-commerce penchant and general dislike for expanding federal regulations.

“With a divided Congress and narrow majorities in both chambers, it’s unlikely that tobacco and nicotine policy will see much action,” said Anna Ready Blom, director of government relations for the National Association of Convenience Stores (NACS).

“(However,) this means you can expect a more aggressive regulatory agenda from the Biden administration, and lawmakers who consider themselves anti-tobacco will likely encourage regulators to use their authority to affect change,” added Blom.

What the election didn’t affect are the FDA marketing decisions for e-cigarettes and vape products, many of which are still pending. The agency also is reviewing stacks of pre-market tobacco applications (PMTAs) for synthetic nicotine products. While it has issued dozens of denials, the FDA had not yet announced any marketing granted orders by November. It has stated that final reviews are expected to be completed by the end of June.

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