FDA Clarifies Free Sample Provision, “Buy 2, Get 1 Free” Allowed
During a webinar hosted by four officials from the Food & Drug Administration (FDA)’s Center for Tobacco Products (CTP), representatives from the agency clarified one of the largest questions consumers have regarding FDA’s upcoming regulation of premium cigars. When the agency announced the regulations earlier this month, it included a provision banning free samples of tobacco products, including cigars. Many questioned whether this would change the common practice of retailers or manufacturers providing additional cigars for free as part of a purchase, such as buy five cigars, get one free, etc. Turns out, the agency believes that would be permitted. Ele Ibarra-Pratt, division leader for CTP’s Division of Promotion, Advertising & Labeling, was asked, “Now what about promotions such as buy two, get one free?” “They are not banned by the prohibition on samples,” she replied. A follow-up question submitted by halfwheel seeking clarification on this was not answered, nor did the panel return to the topic, though it appears that this concern of the cigar industry may have been alleviated.
