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FDA posts guidance for enforcing regulations related to the sale and distribution of cigarettes and smokeless tobacco

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On May 4, 2010 the FDA posted a Guidance for Industry and FDA Staff on enforcing 2 specific regulations under the new Act, regarding implementation starting on June 22, 2010. Of particular note is the FDA Guidance that relates to the Act’s requirement of using black text on a white background for labeling or advertising of cigarettes and smokeless tobacco (rule does not apply to other types of tobacco). The Guidance states that due to a pending lawsuit in Kentucky about this particular labeling/advertising restriction, the FDA will not enforce this restriction in the USA, while the lawsuit is pending. Click here for the text from the Guidance.