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Comment: 

Under the proposed deeming rule, no retailer may sell covered products to any person younger than 18 years of age.  Internet sellers are “retailers” for purposes of this provision and hence this prohibition applies to them.  If this prohibition is to be meaningful with regard to internet sales, it should be accompanied by strong requirements for age verification.  The language FDA has proposed requires clarification. 
 
With regard to cigarettes and smokeless tobacco products, the provisions of the PACT Act, P.L. 111-154, provide detailed requirements for age verification.  Any final deeming rule should, at a minimum, explicitly incorporate these requirements for deemed products as well.  FDA has authority under Section 906(d) of the Food, Drug and Cosmetic Act, as amended by the Tobacco Control Act, to establish such requirements for sales of the deemed products.
 
Mark Greenwold

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