In 2009, a few months after I joined CStore Decisions magazine (CSD), the Food and Drug Administration (FDA) was given the authority to regulate tobacco products when the Family Smoking Prevention and Tobacco Control Act was signed into law that June. That August it launched the Center for Tobacco Products (CTP).
In the 14 years that have followed, the industry has contended with ongoing regulatory hurdles. Now, c-store and other tobacco retailers are waiting for FDA decisions on the remaining premarket tobacco product applications (PMTAs), the fate of menthol cigarettes, flavored cigars and maximum nicotine levels in cigarettes.
Meanwhile, cities and states are taking matters into their own hands. Grassroots attempts are pushing various bans at the local and state levels.
In this month’s cover story, Thomas Briant, executive director of the National Association of Tobacco Outlets, told CSD that, as of press time, new flavored tobacco ban proposals have been introduced in 14 states, and Louisiana has introduced a proposed ban on vape flavors other than tobacco. The bans have been defeated in three of those states so far.
What’s more, states are coming for the right to smoke tobacco in general. California and Nevada, for example, failed in their recent attempts to phase out tobacco sales targeting customers born after a specific date — Jan. 1, 2007, in California and after Dec. 31, 2002, in Nevada.
California was successful in its attempt to ban flavored tobacco in the state, which went into effect in December 2022.
Our June tobacco issue arms c-store retailers with an in-depth look at the legislative activity targeting tobacco, the sales trends and outlook for the key tobacco segments and firsthand accounts from retailers on what they’re observing to help retailers navigate the road ahead.
Political Engagement
What’s certain is that local attacks against tobacco are expected to continue. It remains crucial that retailers engage with politicians to interrupt tobacco legislation at the local level.
During a session on political relationships at the National Advisory Group (NAG) Conference, Liz Bradford, founder and president of Bradford Public Relations, recommended that retailers can start building political relationships now, if they haven’t already, by signing up for representatives’ newsletters, inviting local or state lawmakers to their stores or events, and attending council meetings to get to know staff.
“Retailers should want political figures to know that they are paying attention as a business owner because the mayors and council members are paying attention to who shows up meeting after meeting,” Bradford said.
It’s always best to build political relationships before there’s an issue you need help with, so the relationship is already in place when you do.
C-store retailers can further elevate a political message using social media or newspapers. While technology has advanced, political staff members still comb through newspapers for references to political representatives. The NAG session also pointed out that when retailers are using articles to gain attention about a political issue, they should include the name of the mayor or governor in the article. That way it will catch the attention of the staff member whose job it is to monitor newspaper references.
The voices of those opposing tobacco are loud, and legislators don’t always hear the other side. They need to hear from local c-stores about the potential effects of proposed legislation and the aspects they’re not considering. So make that call. It could be one of the most important things you do for your business.
