premarket tobacco application Preparing and Submitting a Product New FDA Guidance Clarifies Enforcement

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Requirements Minimum age: 21 years old ID verification required for every tobacco purchase (government-issued photo ID) Retailers must check ID for any customer who appears to be 27 or younger No electronic scanning mandate No state-specific affirmative defense for tobacco sales Penalties First offense: $1,000 fine Second offense: $2,000 fine Third or subsequent offense: $5,000 fine The tobacco penalties in Massachusetts are notably steeper than in many other states, starting at $1,000 for a first offense with no suspension option

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Interstate cigarette smuggling is not new