May 10, 2016The FDA Tobacco Deeming Rules Are Here
The long-awaited FDA regulations "deeming" e-cigarettes a tobacco product have, at last been issued and are to be published in the Federal Register today. While they may have answered some questions, they also leave many unanswered.
The regulations "deem" e-cigarettes to be like tobacco and therefore, subject to FDA regulation. Electronic cigarettes are battery-operated products designed to deliver nicotine, flavor and other chemicals. They turn nicotine, which is considered to be highly addictive, and other chemicals into a vapor that is inhaled by the user.
In addition to e-cigarettes, the FDA has now extended its regulatory authority to cover all other products "deemed" tobacco, including vaporizers, vape pens, hookah pens, e-pipes, and all other Electronic Nicotine Delivery Systems, or "ENDS." It will now regulate the manufacture, import, packaging, labeling, sale, distribution, and critical to broadcasters, the advertising and promotion, of ENDS.
January 19, 2016Ladies & Gentlemen: Start Your Engines - The FCC AM Revitalization - FM Translator Window Is About To Start
Last October, two years after opening the docket, the FCC issued its First Report and Order in the AM Revitalization docket. As I reported two years ago [See: AM Broadcasting Revitalization,] the FCC sought comment on a variety of proposals to adapt the AM band more ...
November 3, 2015What You Mean, 'We,' Kimosabe?
For those of us old enough to remember when broadcast television and the neighborhood movie house were the only way see a movie, TV or short film, you might remember this then-popular joke. The Lone Ranger and Tonto were surrounded by fierce hostile "Native Americans." ...
June 2, 2015Why Emmis Lost 'Big Boy'
Further Lessons in The Tricky World Of Tying Down Oversized Personalities I have written before about the need to be especially careful when crafting non-compete agreements, especially when it comes to talent. See: Non-Competes: Look This Way Before You Cross The ...
March 10, 2015"Spot On" Music Rights Rules For Radio Commercials
Periodically, the question invariably comes in: Can we use our station's music library to produce commercials for a good client? Many seem to think that their existing ASCAP, BMI or SESAC agreements allow them to use the music they cover for any purpose, whether it ...
February 10, 2015FCC Proposes Online Public File For Radio, Part II
What Are They thinking? In the last article, I warned that the FCC is poised to require radio stations to post their ('formerly "local") public files to the FCC online public file Internet portal. Taking this step would expose over 15,000 local radio stations, some ...
January 13, 2015FCC Proposes Online Public File for Radio
Exactly one week before Christmas, the FCC announced its holiday headache gift to radio broadcasters. Not that it wasn't expected. The Commission had announced its intentions to apply the online public file rule to radio in a Public Notice on August 7th, 2014. ...
January 6, 2015Issues/Programs List Due In Your Public File By January 10
"Happy New Year!" The greeting is barely across our lips before it's time for our first FCC regulatory responsibility of 2015. The FCC may be acting like the "one-to-many" broadcasting model is old hat, but it has not let up on keeping broadcasting the most regulated ...
October 21, 2014A Billion Dollars For Election Advertising
The Winner -- Third-Party Issue Ads A recent radio news story reported that over a billion (that's right, with a "B") dollars has been spent so far in this off-year mid-term election cycle. In Audie Cornish's interview with Elizabeth Wilner of Kantar Media about the ...
September 30, 2014Issues/Programs List Requirements
On October 10th, every broadcast licensee must place in their public file their issues and programs list for the period covering July 1st through September 30th, 2014. Now would be a good time to refocus on your public affairs oriented programming plan and execute it ...