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State Association Executives Gather for Key Updates and Discussion

State association executives from around the country convened virtually this month for the eighth annual State Association Executive Summit (SAES), hosted by CDA and sponsored by Altria Group Distribution Co. and Reynolds.

“The SAES is a unique opportunity for this group to come together to share information, network and address the issues facing the industry,” said Kimberly Bolin, CDA president and CEO. “Thank you to Altria Group Distribution Co. and Reynolds for their continued support of this event that brings together national, regional and state association executives.”

View the video above for a wrap-up of the event.

This year, attendees heard a legislative update from CDA’s policy advisor, Kathee Facchiano; a briefing, including an industry update and discussion of the illicit vape market, by Reynolds’ Matt Domingo; a briefing, including state activity and 2024 outlook, by Danielle Holloway and Amber Moore, Altria Group Distribution Co.; and a state of American politics discussion with Scott Jennings.

Jennings, founding partner of RunSwitch Public Relations and a conservative political commentator on CNN, shared his insights on current politics and the upcoming 2024 election. Jennings’ career has taken him across the country as part of four presidential campaigns and numerous federal and state races. He served in key roles in both of President George W. Bush’s campaigns before becoming Special Assistant to the President in 2005, serving under top Bush strategist Karl Rove.

To the right, Scott Jennings participates in an interactive discussion with SAES attendees.

“The summit is the best opportunity for association executives around the country to get together and discuss topics that are relevant to our specific roles in the industry,” said Dan Leaman, Michigan Distributors & Vendors Association Inc. “There may be differences from state to state, but there are so many similarities to what we do and it’s a great opportunity to learn from others. There is no other group that does what this summit does.”

“The summit is an opportunity to come together, be transparent and share ideas,” said Ann Ninness, Indiana Wholesale Distributors Association. “The topics not only keep us current but help us understand better what is going on at the national level. It is important to come together to understand what is ahead of us and how to do things better.”

To the left, SAES attendees gather for presentations and discussion.

Ryan Underwood with Kentucky Wholesale Distributors Association shared, “The value of the summit is truly the information that we all get from each other and the presentations. Being able to have those discussions about what is going on in other states can help us see what might be coming in our direction. When we get together, we form relationships, so we are able to reach out to others in different states and regions for insight and advice.”

The 2024 in-person summit will be held in Washington, D.C., October 22-23, 2024.


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Reminder: CDA Call to Action Against Banning Menthol

The U.S. Food and Drug Administration (FDA) has submitted the rules that would ban menthol cigarettes and flavored cigars to the Office of Management and Budget (OMB) for final review. This is step 8 of the 9-step rule making process. It is unclear how long these rules will stay at OMB for evaluation before either being ‘cleared’ or ‘sent back for further review’ to the FDA. Given the unclear timeframe, we are requesting immediate action by all CDA members to call on the Administration and Members of Congress and share perspectives on how the ban will impact your businesses.

As responsible distributors of tobacco products, CDA members are encouraged to ask lawmakers and the White House to NOT finalize the rule to ban menthol cigarettes because its’ benefits DO NOT outweigh all of the costs associated. If the ban on menthol proceeds, it will put public health at risk and create an illegal, unregulated, untaxed market for these products. Also, a nationwide ban of menthol cigarettes is estimated to result in $1.9 billion in lost tax revenue within the first year. Please see this CALL TO ACTION on how to engage. CDA participated in a meeting with OMB on Monday, Nov. 13 on this issue.


PFSbrands to Acquire Moser's Foods

Pro Food Systems, Inc. (PFSbrands) announced the upcoming acquisition of the Show Me Oil Company, operating a convenience store and eight grocery stores in the Mid-Missouri area as Moser’s Foods (Moser’s). This strategic move represents a significant expansion for PFSbrands, underlining its commitment to growth and excellence in the retail food sector. For more details, read the official release.

PFSbrandsLogo

SpartanNash Promotes McClellan to EVP, CCO

SpartanNash has announced the promotion of Amy McClellan from senior vice president, chief marketing officer (CMO) to executive vice president, chief customer officer (CCO), marking the third promotion McClellan has earned since joining SpartanNash four years ago. For more details, read the official release.

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Convenience Store Foodservice: Driving Growth in the New Environment

In today's fast-paced world, c-stores play a crucial role in providing quick and accessible food options to consumers. It is essential to stay ahead of the curve to understand the latest trends and developments in c-store foodservice.

TechnomicFoodservice CDA is excited to share access to a new foodservice resource designed to support you and your team in uncovering emerging trends and growing your business.

Below are three key components that will aid your team in reviewing this insightful data and applying it to your foodservice business:

1. Executive summary
2. Webinar with Donna Hood Crecca
3. Key ways to support operators.

Please contact Hannah Rice with any questions and to let us know if you find these resources beneficial.


Don't Miss Your Chance: Enroll in the CDA Leadership Academy Today!

LeadershipIcon The CDA Leadership Academy, in partnership with GRITT Business Coaching, offers a comprehensive curriculum to ensure you gain the skills and presence necessary to excel in leadership roles, utilizing individual coaching, homework and application, in-person workshops and virtual classes. This program is ideal for high-potential employees, new managers and anyone seeking to enhance their communication, managerial, financial and leadership skills.

Don't miss the chance to redefine your leadership presence and empower yourself to lead with impact. Register for the CDA Leadership Academy today and embark on a transformative journey towards becoming a more effective and inspiring leader.

For more details and to secure your spot, click here or contact Hannah Rice at HannahR@cdaweb.net or (703) 208-1640.


CDA Webinar: Emerging Products Update 2023

Wednesday, December 6, 1 pm ET

In this highly requested webinar, Don Burke, Senior Vice President with Management Science Associates (MSA), will explore what is happening in the emerging and alternative products world. His analysis will include both consumer usage and attitude information as well as reviewing online and brick-and-mortar purchase patterns.

Join us on December 6 at 1 pm ET to see what is going on in the emerging products space. Register here!

EmergingProducts

House Ed and Workforce Committee Holds Hearing on DOL's Overtime Rule

On Nov. 29, the House Education and Workforce Committee, Subcommittee on Workforce Protections, held a hearing, titled “Bad for Business: DOL’s Proposed Overtime Rule.” Subcommittee Chair Kevin Kiley (R-CA) said in his opening statement, “the overtime rule is expected to impact an estimated 3.6 million working Americans and cost employers an estimated $1.3 billion, sticking them between a rock and a hard place. If employers cannot afford the new mandate, many will be forced to lay off their employees.”

Witnesses at the hearing included Paul DeCamp, Member of the Firm at Epstein, Becker & Green, P.C.; Jagruti Panwala, Principal at Sita Ram LLC; Judy Conti, Director of Government Affairs at the National Employment Law Project; and Douglas Holtz-Eakin, President of American Action Forum. Three of the four witnesses opposed the proposed rule, saying it would have significant negative economic implications of which the burden would likely be borne by workers.


Lawmakers Push for New Tax Code Change for Education Costs

House Ways and Means Representatives Randy Feenstra (R-IA) and Danny Davis (D-IL) recently introduced legislation to change the tax code to allow employers to contribute more towards education. The legislation would hike the amount employers can pay for their employees' educational expenses tax-free from $5,250 to $12,000 and expand the tax exclusion to cover more types of education and training. The effort is supported in the Senate by Finance Committee members Catherine Cortez-Masto (D-NV), Maggie Hassan (D-NH), Tim Scott (R-SC) and Todd Young (R-IN). The legislation also has support from dozens of organizations, including the American Council on Education, the National Association of College and University Business Officers and the National Association of Professional Employer Organizations.


Don't Miss Your Chance: Enroll in the CDA Leadership Academy Today!

LeadershipIcon The CDA Leadership Academy, in partnership with GRITT Business Coaching, offers a comprehensive curriculum to ensure you gain the skills and presence necessary to excel in leadership roles, utilizing individual coaching, homework and application, in-person workshops and virtual classes. This program is ideal for high-potential employees, new managers and anyone seeking to enhance their communication, managerial, financial and leadership skills.

Don't miss the chance to redefine your leadership presence and empower yourself to lead with impact. Register for the CDA Leadership Academy today and embark on a transformative journey towards becoming a more effective and inspiring leader.

For more details and to secure your spot, click here or contact Hannah Rice at HannahR@cdaweb.net or (703) 208-1640.


CDA Welcomes New Member: Xcaliber International

Xcaliber International, LTD., LLC is a privately-owned tobacco product manufacturer located in Pryor, OK. Founded in 2000, Xcaliber manufactures value-priced cigarettes with an emphasis on quality and state-of-the-art manufacturing technologies. The company manufacturers the highest quality fourth-tier tobacco products available today. With multiple distinct brands, ranging from cigarettes and filtered cigars, it offers the most extensive product portfolio of any fourth-tier manufacturer, meeting every conceivable customer preference or retailer need. Xcaliber specializes in low-price cigarettes, including brands such as Edgefield, Berley and 24/7.

Xcaliber International is strategically located in the center of the U.S., providing optimal product freshness and superior logistical availability. Its products are proudly made in the USA by hardworking Americans.

SwiftWholesaleLogo Your contact information for Xcaliber International is as follows:

Joe Nicolaus, National Sales Manager
j.nicolaus@xcaliberinternational.com
Xcaliber International
1 Tobacco Road
Pryor, OK 74361
(918) 824-0300
www.xcaliberinternational.com


Future Leaders in Convenience Honored at Awards Celebration

Convenience Store News held its sixth-annual Future Leaders in Convenience Awards Nov. 16 where it honored 36 young leaders, including many CDA members, from retailer, distributor and supplier companies in the c-store industry. The awards recognize up-and-comers that are already making significant contributions to their companies and the industry at large.

FLICLogo

Convenience Store Foodservice: Driving Growth in the New Environment

In today's fast-paced world, c-stores play a crucial role in providing quick and accessible food options to consumers. It is essential to stay ahead of the curve to understand the latest trends and developments in c-store foodservice.

TechnomicFoodservice CDA is excited to share access to a new foodservice resource designed to support you and your team in uncovering emerging trends and growing your business.

Below are three key components that will aid your team in reviewing this insightful data and applying it to your foodservice business:

1. Executive summary
2. Webinar with Donna Hood Crecca
3. Key ways to support operators.

Please contact Hannah Rice with any questions and to let us know if you find these resources beneficial.


FDA Warns Retailers to Stop Selling Illegal Youth-Appealing E-Cigarettes Disguised as Everyday Items

On Nov. 16, the U.S. Food and Drug Administration (FDA) issued warning letters to seven online retailers for selling and/or distributing unauthorized e-cigarettes. The unauthorized e-cigarettes are packaged to look like youth-appealing toys and drink containers, including milk cartons, soft drink bottles and slushies. The products’ design may also help youth conceal the e-cigarettes from adults or be confused with an everyday object and the contents accidentally ingested by young children.

“As we continue into the school year, it’s critical that parents, teachers, and other adults are aware of illegal e-cigarettes deceptively packaged to look like everyday items,” said Brian King, Ph.D., M.P.H., director of FDA’s Center for Tobacco Products. “These types of products can be easily concealed and contain nicotine, which is highly addictive and can harm the developing adolescent brain.” Read more here.


Congress Recesses Following Enactment of Continuing Resolution

Both chambers of Congress recessed last week after passing a continuing resolution (CR) and will return after Thanksgiving to try to negotiate a full FY24 spending package. The president signed the measure on Nov. 16, averting a government shutdown. The CR sets a Jan. 19 deadline for four bills (Agriculture-FDA, Energy and Water, Military Construction-VA and Transportation-HUD) and a Feb. 2 deadline for eight bills (Commerce-Justice-Science, Defense, Financial Services, Homeland Security, Interior-Environment, Labor-HHS-Education, Legislative Branch, State and Foreign Operations). The House was able to pass the bill with Democratic support given that it doesn’t include any conservative policy riders or spending cuts. The CR also extends a number of health programs and includes a one-year extension of the Farm Bill.

Though the shutdown was averted, the real battle now begins. The first step will be agreement on a topline spending level and the split between defense and non-defense discretionary spending. Complicating the matter further, Speaker Mike Johnson (R-LA) upset many Republicans with his handling of the CR, and he now is under pressure to show large cuts in the spending process. The two sides are poised to fight this out in the coming months. If the two chambers and the White House cannot reach a deal, there may be a partial shutdown in January and a full shutdown in February. Read more here.


Democrats Call on Agencies to Revise Marijuana Guidance

Last week, Sens. Elizabeth Warren (D-MA), Jeff Merkley (D-OR), Raphael Warnock (D-GA) and Rep. Earl Blumenauer (D-OR) led 16 lawmakers in a letter to Secretary of the Treasury Janet Yellen and Financial Crimes Enforcement Network (FinCEN) Director Andrea Gacki, asking FinCEN to update its out-of-date guidance on marijuana-related businesses to promote fairness in financial services for marijuana businesses operating in states where marijuana is no longer illegal. Read more here.

Sen. Kirsten Gillibrand (D-NY) also sent a letter to the Drug Enforcement Agency (DEA) last week asking them to reschedule marijuana from a Schedule I to a Schedule III substance.


Tell Us: Which Marketplace Keynote Speaker Would You Like at Your Thanksgiving Table?

Entrepreneur and Former NFL Star, Joe Theismann

Opening Keynote:

Inspiring Excellence with Joe Theismann
Monday, February 26 | 1:30pm – 2:45pm

 
Theismann


Former Navy SEAL and Author, Jocko Willink

Leadership Keynote:

Extreme Ownership and Leadership
with Jocko Willink
Tuesday, February 27 | 8:00am – 9:00am
 
Willink
 
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Questions? Contact eventsupport@cdaweb.net.

By attending Marketplace 2024, you agree to the Covid Notice and Disclaimer.


CDA Webinar: Emerging Products Update 2023

Wednesday, December 6, 1 pm ET

In this highly requested webinar, Don Burke, Senior Vice President with Management Science Associates (MSA), will explore what is happening in the emerging and alternative products world. His analysis will include both consumer usage and attitude information as well as reviewing online and brick-and-mortar purchase patterns.

Join us on December 6 at 1 pm ET to see what is going on in the emerging products space. Register here!

EmergingProducts

New Tobacco Compliance Webinar Available: Updates for Importers

The U.S. Food and Drug Administration's (FDA) Center for Tobacco Products (CTP) has released a new tobacco compliance webinar, “Updates for Importers." This webinar provides information on the following topics: FDA’s authority to regulate tobacco products; requirements for tobacco products; processes in place to prevent import of unlawfully marketed tobacco products; and recent import alerts.

This webinar also discusses updates to certain requirements of FDA’s laws and regulations that apply to tobacco products and are verified and enforced at the time the tobacco products are offered for import into the United States. The updates include new information about FDA’s jurisdiction over tobacco products, which now includes those containing nicotine from any source, a brief overview of FDA requirements that apply to all tobacco products domestically marketed and distributed including those offered for import into the U.S., an overview of key import processes, and recent import alerts. This new webinar will provide the latest information on the topic and updates the previous webinar related to the import of tobacco products, “Tobacco Product Compliance Policy: Updates for Importers.”

Visit the FDA website to watch this and other tobacco compliance webinars.


CDA Welcomes New Member: Nowsight

Using the data your business is already collecting in finance, warehouse, sales/CRM and other systems, Nowsight helps c-store distributors see your business in ways that other systems can't. Easily spot trends, performance lows (and highs) and profitability-impacting actions.

With our unique sales dashboard, track per-account profitability and see trends on returns, promotion-eligible products or other categories. Our warehouse dashboard is designed for on-floor motivational metrics - showing pickers and stockers exactly what the days goals are and the progress being made. With our executive dashboard, you have a 24/7 view into the business complete with morning scorecard emails that detail what happened overnight and how that compares to goals.

Nowsight solutions are customizable for your unique business and work with nearly any warehouse or picking software, ERP(finance) system and even data stored in spreadsheets or non-cloud-based systems. We also feature white-glove implementation - where your IT team can stay focused on your business. With just one 15-min call per week, we can have your system implemented quickly and with no disruption to your operations.

Your contact information for Nowsight is as follows:

NowsightLogo Michelle Murray
mmurray@nowsight.com
Nowsight
1213 Culbreth Drive
Wilmington, NC 28405
(877) 544-3282
https://nowsight.com/


Civil Money Penalty Amounts Adjusted for Inflation

The U.S. Department of Health and Human Services (HHS) updated its regulations to reflect the required annual inflation-related increases to civil money penalties (CMPs), as per the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

This adjustment occurs every year as described by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Read more here.


Congress Votes to Extend Government Funding

The House on Tuesday voted 336-95 to pass a stopgap bill to prevent a government shutdown, sending a two-step continuing resolution to the Senate.

With House conservatives opposed to the spending levels in the bill, Republican leaders leaned on support from Democrats, who overwhelmingly backed the legislation despite hesitation about the two-part approach which would extend funding at current levels for some agencies and programs until Jan. 19 and all others through Feb. 2. It would also extend the authorization of programs and authorities in the farm bill until Sept. 30.

Late Wednesday evening, the Senate voted 87-11 to pass the measure, sending it to President Biden’s desk for signature. Read more here.


Kraft Heinz Announces Executive Leadership Team Updates

The Kraft Heinz Company has announced new members of its executive leadership team that will partner with incoming CEO Carlos Abrams-Rivera when he assumes the role beginning in the 2024 fiscal year. For more details, read the official release.

KraftHeinzLogo

Convenience Store Foodservice: Driving Growth in the New Environment

In today's fast-paced world, c-stores play a crucial role in providing quick and accessible food options to consumers. It is essential to stay ahead of the curve to understand the latest trends and developments in c-store foodservice.

CDA is excited to share access to a new foodservice resource designed to support you and your team in uncovering emerging trends and growing your business.

Below are three key components that will aid your team in reviewing this insightful data and applying it to your foodservice business:

1. Executive summary
2. Webinar with Donna Hood Crecca
3. Key ways to support operators.

Please contact Hannah Rice with any questions and to let us know if you find these resources beneficial.


FDA Warns Internet Retailers for Selling Illegal E-Cigarettes Popular Among Youth

On Nov. 9, the U.S. Food and Drug Administration (FDA) announced it issued warning letters to seven online retailers for selling unauthorized e-cigarette products. The warning letters cite the sale of popular and youth-appealing disposable e-cigarette products marketed under the brand names Elf Bar, EB Design, Bang, Cali Bars and Lava. These warning letters were informed by the FDA’s ongoing monitoring of multiple surveillance systems to identify products that are popular among youth or have youth appeal. Read more here.


Don't Miss the Marketplace Leadership Keynote: Former Navy SEAL, Jocko Willink

Willink Extreme Ownership and Leadership
Tuesday, February 27 | 8:00 am ET

• Learn the importance of ownership and leadership in the workplace to achieve success.

• Uncover practical strategies for developing strong leadership skills, discipline, accountability, and teamwork in all areas of life.

• Following his keynote, stop by the trade show from 9:30am – 10:30am to meet and engage with Jocko!

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Questions? Contact eventsupport@cdaweb.net.

By attending Marketplace 2024, you agree to the Covid Notice and Disclaimer.


CDA Meets with OMB on Menthol; Stakeholder Groups Continue to Request Meetings

CDA met with the White House Office of Management and Budget (OMB) on Nov. 13 to discuss opposition to the U.S. Food and Drug Administration’s (FDA) proposed ban on menthol cigarettes and flavored cigars. During the meeting, CDA emphasized that if the ban on menthol proceeds, it will put public health at risk and create an illegal, unregulated market for these products.

The White House Office of Information and Regulatory Affairs (OIRA) has scheduled around 75 meetings on the menthol rules with stakeholder groups. Read more here.

Call to Action:

As responsible distributors of tobacco products, CDA members are encouraged to ask lawmakers and the White House to NOT finalize the rule to ban menthol cigarettes because its’ benefits DO NOT outweigh all of the costs associated. If the ban on menthol proceeds, it will put public health at risk and create an illegal, unregulated, untaxed market for these products. Also, a nationwide ban of menthol cigarettes is estimated to result in $1.9 billion in lost tax revenue within the first year. Please see this CALL TO ACTION on how to engage.


CDA Welcomes New Member: John Boy Brand

John Boy Brand is an exciting and growing company currently specializing in the sale of high quality, soft good items geared toward outdoorsmen and the labor force, as well as innovative novelty and general merchandise products.

Its products have gained popularity, offering sun and weather protection across the U.S., Hawaii and the Caribbean.

The company has established a strong presence in various retail outlets and distribution channels, including convenience stores, travel centers, hardware stores and contractor supply locations.

SwiftWholesaleLogo Your contact information for John Boy Brand is as follows:

John Edwards
John@john-boy.com
John Boy Brand
720 Commerce Center Drive
Sebastian, FL 32958
(772) 532-9047
https://john-boy.com/pages/catalog


Dot Foods Announces Expansion to Oklahoma Facility

Dot Foods, Inc. has announced it will make a $13.9 million investment in its Ardmore, OK distribution center. The company plans to break ground in February 2024 on the 33,157 square foot expansion of its frozen warehouse. Dot will hire 35 people over the next three years to support the growth of its Oklahoma operations. For more details, read the official release.

DotFoodsLogo

FDA Shares Cannabis Research Update

On Nov. 1, the U.S. Food and Drug Administration (FDA) released the article, “FDA’s 50 Years of Experience with Cannabis Research Helping to Support Tomorrow’s Cannabis Drug Development.” Cassandra L. Taylor, public health advisor, Office of the Center Director, Center for Drug Evaluation and Research (CDER), and Schuyler Pruyn, project manager, Office of Executive Programs, CDER, discussed in the article the FDA’s long history of reviewing clinical research for cannabis (such as marijuana and hemp) and cannabis-derived products (such as cannabidiol or CBD). Read more here.


Two FSMA Programs Offer Tools to Assist Stakeholders

The Food Safety Modernization Act (FSMA) programs, the Accredited Third-Party Certification Program (TPP) and the Laboratory Accreditation for Analyses of Foods Program (LAAF), are each offering a QR code and a graphic element to communicate the status of participants in TPP and LAAF and to promote awareness of the programs.

The QR code takes users directly to the respective data dashboard for each program. The graphic elements were developed by the FDA for stakeholders to communicate their participation in the program(s). User guidelines that explain how stakeholders may use the QR code and graphic element are available on both the TPP and LAAF Program landing pages.


Supervisory Review/Appeal Process for Tobacco Product Decisions

The U.S. Food and Drug Administration (FDA) Center for Tobacco Products (CTP) published a new webpage on the supervisory review process related to tobacco products, otherwise known as supervisory appeal.

The new webpage highlights the supervisory review process, when and how to submit a supervisory review request, and who to contact if you have further questions about the process. A supervisory review related to tobacco products may be submitted to CTP for any decisions, such as:

  • Refuse to Accept (RTA) letter
  • Refuse to File (RTF) letter
  • Marketing Denial Orders (MDO)
  • Not Substantially Equivalent (NSE) orders

Supervisory review is intended to determine whether a procedural or substantive error was made with regard to a decision. This determination must be based on information in the administrative file related to that decision. Read more here.


J.M. Smucker Announces Formation of New Business Area, Changes to Leadership Team

The J.M. Smucker Co. has announced the formation of a new strategic business area, Sweet Baked Snacks, and the subsequent officer election of Dan O'Leary to senior vice president and general manager, sweet baked snacks and pet, effective immediately. The company has also announced a series of leadership changes to support the business following the closing of its acquisition of Hostess Brands. For more details, read the official release.

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FDA Warns Firm Selling Illegal Flavored "Nicotine Mints"

FDA Warns Firm Selling Illegal Flavored “Nicotine Mints”

On Nov. 7, 2023, the U.S. Food and Drug Administration (FDA) issued a warning letter to Nic Nac Naturals, LLC for the marketing of their unauthorized dissolvable nicotine products, which the company describes as “nicotine mints” and resemble a pack of mints. These products are of particular concern because of their resemblance to popular candies and the potential to cause severe nicotine toxicity or even death if accidentally ingested by young children. Read more here.


2024 Candy Hall of Fame Nominations Open

The National Confectionery Sales Association (NCSA) is accepting nominations for the Candy Hall of Fame Class of 2024. Individuals across all disciplines may be nominated for the Candy Hall of Fame, from sales and marketing to engineering and research and development professionals, as well as brokers, distributors, retail buyers and category managers and suppliers to the industry. For more details, read the official release.

CandyHOFLogo

Government Shutdown Looms Once Again

Congress is once again facing a funding deadline as the current continuing resolution (CR) to keep the federal government open expires on Nov. 17. Leaders of both parties in the House and Senate have stressed their intent to avoid a government shutdown with another short-term extension, although the details of what might be included in a CR will likely come down to the wire.

House Republicans postponed a vote on their Transportation-HUD appropriations bill Nov. 7 amid pushback to spending cuts. The Financial Services spending bill is up for final passage Nov. 9 but it’s not clear the House GOP leadership can pass it. Next week, Speaker Mike Johnson (R-LA) will try to bring the Labor-HHS and Commerce-Justice-Science funding bills to the floor. Unlike House members, Senators are aiming for a broad stopgap funding package that would include a CR, Ukraine funds, Israel aid and a border and immigration measures. Meanwhile, discussions continue on the Hill around a bipartisan tax deal that would need to combine business tax breaks with an enhanced child tax credit. Read more here.


House Workforce Leaders Call on DOL to Withdraw Overtime Rule, Requests EBSA Enforcement Information

On Nov. 7, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) and Workforce Protections Subcommittee Chair Kevin Kiley (R-CA) submitted a comment letter to Department of Labor (DOL) Acting Secretary Julie Su urging the DOL to withdraw its harmful proposed overtime rule because of its negative impact on workers, small business, nonprofits, colleges and universities. Fourteen Committee Members joined Foxx and Kiley in sending the letter, including Reps. Thompson, Walberg, Stefanik, Allen, Comer, Smucker, Owens, Good, Steel, Miller, Letlow, Bean, Burlison and Houchin.

On Nov. 2, Education and the Workforce Committee Republicans sent a letter requesting responsive materials and transcribed interviews after Acting Secretary Su failed to provide information about the Employee Benefit Security Administration’s (EBSA) enforcement practices. This recent action follows a Sept. 19 request for materials, highlighting EBSA’s expensive and overreaching investigations of retirement plan sponsors — often described as endless and aimless — that are ultimately punishing employers and discouraging them from sponsoring retirement benefit plans.


New Emerging Products Resources for CDA Members

CDA is pleased to announce two Emerging Products resources for CDA members: the Emerging Products Glossary and the upcoming Emerging Products Update 2023 webinar.

The Emerging Products Glossary aims to provide members with a better understanding of terms related to hemp-derived products and other emerging products. The guide is intended to serve solely as a resource and is not intended to provide legal advice. Businesses should consult local counsel in their state regarding any specific legal questions*. Contact Angie Simonetti with any questions or additional terms to be added to the glossary.

Emerging Products Update 2023 is a highly requested webinar where Don Burke, senior vice president with Management Science Associates (MSA), will explore what is happening in the emerging and alternative products world. This analysis will include both consumer usage and attitude information as well as reviewing online and brick-and-mortar purchase patterns.

*While hemp has been legalized by the 2018 Farm Bill, hemp products are subject to regulation by the FDA under the Federal Food, Drug and Cosmetic Act. Many states have also adopted regulations governing hemp derived products and require licenses to manufacture, distribute or sell hemp or hemp products. Further, several states have either banned or regulated products containing Delta-8 THC. Thus, it is important for businesses engaged in selling hemp products to seek guidance from their state regulatory agency or local counsel prior to engaging in sale of these products.


National Survey Shows Drop in E-Cigarette Use Among High School Students

On Nov. 2, the U.S. Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) released data from the 2023 National Youth Tobacco Survey (NYTS) on tobacco product use among U.S. youth. The findings, which were collected between March and June 2023, show that 10% of U.S. middle and high school students (2.8 million youth) reported current use of any tobacco product. Findings showed general tobacco use among high schoolers declined from 16.5% to 12.6%, while e-cigarette use declined from 14.1% to 10.0%. Read more here and here.


Two New FDA Tobacco Compliance Webinars Available

The U.S. Food and Drug Administration (FDA) Center for Tobacco Products (CTP) invites you to watch two new tobacco compliance webinars: “The 5 Ws of Advertising and Labeling Compliance Check Inspections” and “The 5 Ws of Undercover Buy Compliance Check Inspections.” Slides for both webinars are available in English and Spanish.

“The 5 Ws of Advertising and Labeling Compliance Check Inspections” provides the public with basic information on advertising and labeling compliance check inspections. It reviews the types of compliance check inspections CTP conducts, and the “who, what, where, when and why” of advertising and labeling inspections.

“The 5 Ws of Undercover Buy Compliance Check Inspections” provides the public with basic information on undercover buy compliance check inspections. It reviews the types of compliance check inspections CTP conducts, and the “who, what, where, when and why” of undercover buy inspections.

Watch the New Webinars


Reminder: CDA Call to Action Against Banning Menthol

The U.S. Food and Drug Administration (FDA) has submitted the rules that would ban menthol cigarettes and flavored cigars to the Office of Management and Budget (OMB) for final review. This is step 8 of the 9-step rule making process. It is unclear how long these rules will stay at OMB for evaluation before either being ‘cleared’ or ‘sent back for further review’ to the FDA. Given the unclear timeframe, we are requesting immediate action by all CDA members to call on the Administration and Members of Congress and share perspectives on how the ban will impact your businesses.

As responsible distributors of tobacco products, CDA members are encouraged to ask lawmakers and the White House to NOT finalize the rule to ban menthol cigarettes because its’ benefits DO NOT outweigh all of the costs associated. If the ban on menthol proceeds, it will put public health at risk and create an illegal, unregulated, untaxed market for these products. Also, a nationwide ban of menthol cigarettes is estimated to result in $1.9 billion in lost tax revenue within the first year. Please see this CALL TO ACTION on how to engage. CDA has scheduled a meeting with OMB on Monday, Nov. 13 to discuss the issue further.


CDA Submits Comments on DOL Overtime Rule

CDA submitted comments on Oct. 31 in opposition to the U.S. Department of Labor (DOL) proposed changes to the white-collar exemptions to federal overtime pay requirements that could severely and negatively impact wholesaler-distributors and the economy generally. The public can comment on DOL’s Notice of Proposed Rulemaking (NPRM) until Nov. 7, 2023.


Don't Miss Your Chance: Enroll in the CDA Leadership Academy Today!

LeadershipIcon In a world where leadership styles are continually evolving, it's essential to stay ahead of the curve. The CDA Leadership Academy, in partnership with GRITT Business Coaching, offers a transformative program designed to redefine leadership in today's dynamic business landscape.

The CDA Leadership Academy offers a comprehensive curriculum to ensure you gain the skills and presence necessary to excel in leadership roles, utilizing individual coaching, homework and application, in-person workshops and virtual classes. This program is ideal for high-potential employees, new managers and anyone seeking to enhance their communication, managerial, financial and leadership skills.

Don't miss the chance to redefine your leadership presence and empower yourself to lead with impact. Register for the CDA Leadership Academy today and embark on a transformative journey towards becoming a more effective and inspiring leader.

For more details and to secure your spot, click here or contact Hannah Rice at HannahR@cdaweb.net or (703) 208-1640.


Delivery, Pickup and Drive-Thru Becoming Necessities for C-stores

Food delivery and pickup started in the restaurant space years ago with a few brands offering it nationwide, such as Pizza Hut and Domino's. Over time, more restaurants jumped into the mix, and options like Uber Eats, DoorDash and Grubhub became popular for food orders. This trend continued into other forms of retail. For more details, read the Convenience Store News article.

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Don't Miss Out: Exciting Activities Happening at the Marketplace Trade Show!


CDM24GrandPrizeVideo • Meet and Greet with Jocko Willink
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Distributor companies pay one fee to register as many company personnel as they like. Register now!

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Marketplace Website | Distributor Registration | Schedule | Education | Hotel and Travel

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Reminder: CDA Call to Action Against Banning Menthol

The U.S. Food and Drug Administration (FDA) has submitted the rules that would ban menthol cigarettes and flavored cigars to the Office of Management and Budget (OMB) for final review. This is step 8 of the 9-step rule making process. It is unclear how long these rules will stay at OMB for evaluation before either being ‘cleared’ or ‘sent back for further review’ to the FDA. Given the unclear timeframe, we are requesting immediate action by all CDA members to call on the Administration and Members of Congress and share perspectives on how the ban will impact your businesses.

As a responsible distributor of tobacco products, CDA members are encouraged to ask lawmakers and the White House to NOT finalize the rule to ban menthol cigarettes because its’ benefits DO NOT outweigh all of the costs associated. If the ban on menthol proceeds, it will put public health at risk and create an illegal, unregulated, untaxed market for these products. Also, a nationwide ban of menthol cigarettes is estimated to result in $1.9 billion in lost tax revenue within the first year. Please see this CALL TO ACTION on how to engage.


Lawmakers Urge DEA to Pursue Marijuana Descheduling

According to Punchbowl News, a bipartisan group of lawmakers sent a letter urging the Drug Enforcement Administration (DEA) to pursue a full descheduling of marijuana. Reps. Earl Blumenauer (D-OR), David Joyce (R-OH) and others reportedly say marijuana should be reclassified as a Schedule III substance.

In the letter, House members say, “While Congress works to send the President comprehensive cannabis legislation, the urgency of full descheduling should inform DEA’s position on overall cannabis reform and appropriate enforcement centered on advancing public safety, not unjust criminalization.” Read more here.


Senate Passes Appropriations Package, House Work Resumes After Speaker Elected

The Senate on Wednesday voted 82-15 to pass its first package of appropriations bills. The “minibus” package bundled funding for Military Construction/Veterans Affairs, Agriculture/FDA and Transportation/HUD. Senate Appropriators now hope to move to their second minibus appropriations package. As a reminder, the Senate Ag/FDA report language “directs FDA to expeditiously complete the rulemaking processes” regarding the menthol ban, while the House version does not allow for funding to support it.

In addition to regular FY24 appropriations bills, Senate leadership is currently formulating their plan related to the international security supplemental package requested by President Biden. That package covers security aid to Ukraine, Israel and the Indo-Pacific region, as well as border security matters. On the House side, House Republicans unveiled a $14.3 billion aid package for Israel on Monday. To pay for the foreign aid, however, the legislation includes $14.3 billion in cuts to funding for the Internal Revenue Service, a non-starter for Democrats.

Under an extension approved in September, Congress has until Nov. 17 to pass legislation keeping the government funded or risk the first government shutdown in years. However, lawmakers in both chambers have already acknowledged a stopgap measure will likely be needed. Read more here.


CDA Policy Advisor Presents at FDLI Tobacco Conference

The Food and Drug Law Institute (FDLI) last week hosted the 2023 Tobacco & Nicotine Conference where Kathee Facchiano, CDA policy advisor, participated in a panel discussion entitled "Surveying the Enforcement Landscape for the U.S. e-Vapor Market." The panel included Tim Phillips, managing director of ECigIntelligence; Daniel McGee, counsel at Keller and Heckman LLP; and Russ Quick with Bidi Vapor. Panelists spoke on the current state of the market and the enforcement, or lack thereof, against unauthorized e-vapor products into the American market and offered suggestions as to how the FDA could improve enforcement actions.


CTP's Progress Addressing Recommendations from the Reagan-Udall Evaluation

On Oct. 27, Center for Tobacco Products (CTP) Director Brian King published a statement summarizing the center’s continued efforts to address the evaluation of the CTP by an independent expert panel facilitated by the Reagan-Udall Foundation (RUF). Since CTP’s June progress update, the center has continued to make significant progress in putting plans into action to address each recommendation. A comprehensive list of status updates for each recommendation is also available at the updated webpage, Actions to Address Recommendations from the Reagan-Udall Evaluation of CTP. Read the statement here.


Burdette Beckmann Inc. Completes Acquisition of PROMARK

National sales agency Burdette Beckmann Inc. (BBI) has announced the completion of its acquisition of PROMARK, a sales and marketing agency founded in 1987. The strategic move is set to significantly expand BBI's market presence across multiple states, including Texas, Nevada, Utah, Arizona, New Mexico, Kansas, Oklahoma, Arkansas, Colorado and Louisiana. For more details, read the official release.

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