ABL Update: The Latest Industry News from Washington BY JOHN BODNOVICH, ABL EXECUTIVE DIRECTOR
REGISTER NOW FOR THE ABL ANNUAL MEETING
ABL URGES TOBACCO 21 COMPLIANCE DESPITE LACK OF FDA GUIDANCE
The 2020 American Beverage Licensees (ABL) Annual Meeting in New Orleans is just around the corner. Now is the time to register. For more information, please visit ablusa.org. While more speakers are being added, the annual meeting sessions already include:
On Dec. 20, 2019, President Donald Trump signed legislation that amended the Federal Food, Drug and Cosmetic Act to raise the federal minimum age of sale of tobacco products from 18 to 21 years.
• State of the State of the Beverage Alcohol Industry Mark Brown, President and CEO, Sazerac Company Inc. • A Look at the U.S. Beverage Alcohol Market Brandy Rand, COO of Americas, The IWSR • Wine and Spirits — The Wholesale Perspective Michelle Korsmo, President and CEO, Wine & Spirits Wholesalers of America • Alcohol Legal Update Neal Insley, Senior Vice President and General Counsel, National Alcohol Beverage Control Association • Impaired Driving — Policy and Technology Brandy Axdahl, Senior Vice President for Responsibility Initiatives, Foundation for Advancing Alcohol Responsibility • Tariffs and Taxes John Beaudette, President and Founder, MHW Ltd.
Despite expectations that the shift to 21 would go into effect sometime in 2020, the Food & Drug Administration (FDA) posted a message on its website announcing that the legislation took immediate effect upon being signed by the president on Dec. 20, before the FDA could issue regulations for the law. The abrupt implementation failed to consider how complicated the transition may be for retailers who must retrain employees, update signage, reprogram point-of-sale systems and inform customers, many of whom could legally purchase tobacco products before the law change. Despite unanswered questions about when and how the FDA plans to enforce the Tobacco 21 requirement, ABL urges all retailers to take the appropriate steps needed to come into compliance as the FDA stated, “It is now illegal for a retailer to sell any tobacco product — including cigarettes, cigars and e-cigarettes — to anyone under 21.” The law does contemplate a regulation to provide retailers with clear direction on age verification rules for any purchase under 30 years old and the legality of enforcement. ABL will monitor the issue and update members when there is more news. Tavern League members can also check the Tobacco Products — Compliance, Enforcement & Training section of the FDA website for updates.
IMPAIRED DRIVING FATALITIES DOWN IN 2018; NEW LEGISLATION IN CONGRESS Alcohol-impaired driving fatalities decreased by 3.6% (397 fewer deaths than in 2017), accounting for 29% of 2018 overall fatalities, according to crash fatality data released on Oct. 22 by the National Highway Traffic Safety Administration (NHTSA). This 29% of overall fatalities is the lowest percentage since 1982, when NHTSA started reporting alcohol data.
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