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TTB NEWSLETTER | Weekly News

May 27, 2016


IN THIS ISSUE

Greetings! We hope you had a superlative and inimitable week! This week's top stories include wholesaler indictment on smuggling scheme, information about FDA's recently issued rule about tobacco products subject to FDA authority, information about how to stay current with TTB news, and a list of the past week's top tobacco pages at TTB.gov.

LIQUOR WHOLESALER AND THREE EMPLOYEES INDICTED FOR $9 MILLION SCHEME TO SMUGGLE LIQUOR

On May 24, 2016, a federal grand jury indicted Republic National Distribution Company, LLC, and its employees, Eugene Gerzsenyi of Glen Burnie, Maryland; Jason Lockerman of Bel Air, Maryland; and Lisa Robbins of Woodbine, Maryland, on charges arising from a scheme to defraud the state and city of New York, and registered New York liquor wholesalers.  Specifically, the indictment alleges that the defendants transferred and moved liquor from Maryland, where the state excise tax rate for liquor was approximately $1.50 per gallon, to New York, where the state excise tax for liquor was approximately $7.44 per gallon, for retail sale.

FDA EXTENDING AUTHORITIES TO ALL TOBACCO PRODUCTS, INCLUDING E-CIGARETTES, CIGARS, AND HOOKAH

The U.S. Food and Drug Administration (FDA) recently issued a final rule deeming certain products to be tobacco products subject to the FDA’s authorities under the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act).  The Tobacco Control Act provides FDA with authority to regulate certain products specified in the FD&C Act, including “cigarettes,” “roll-your-own tobacco,” and “smokeless tobacco.”

With this final rule, FDA extends its authority under the FD&C Act to all other categories of products that meet the statutory definition of “tobacco product” in the FD&C Act, except accessories of such newly deemed tobacco products.  

FDA’s final rule was published in the Federal Register on May 10, 2016, at 81 FR 28973. 

Additional Information: FDA Tobacco Products Versus TTB Tobacco Products

FDA’s authority under the FD&C Act is separate and independent from TTB’s authority under the Internal Revenue Code (IRC), and the definition of “tobacco products” or of any specific tobacco product may differ between the FD&C Act and the IRC.

FDA’s deeming rule has no effect on TTB’s jurisdiction over tobacco products, and FDA’s deeming of certain products to be tobacco products under the FD&C Act does not imply that those products would meet the definition of a tobacco product under the IRC.

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