smoking

FDA Proposes to Expand Regulation of Tobacco

The FDA has proposed a new law that would add electronic cigarettes, cigars, pipe tobacco, nicotine gels, waterpipe (hookah) tobacco, and certain dissolvables under the authority of the organization. 

Currently, the FDA has authority to regulate only cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco. This proposal, made in conjunction with the Family Smoking Prevention and Tobacco Control Act of 2009, would extend the organization’s authority over a wider range of tobacco products.
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In accordance with currently regulated products, the new law would require that all abovementioned products:

  • Register with the FDA and report product and ingredient listings.
  • Only market new tobacco products after FDA review.
  • Only make direct and implied claims of reduced risk if the FDA confirms that scientific evidence supports the claim and that marketing the product will benefit public health as a whole.
  • Not distribute free samples of the product.

In order to provide enough time to comply with the new standard, the FDA has proposed staggered compliance dates for the regulations. 

“Science-based product regulation is a powerful form of consumer protection that can help reduce the public health burden of tobacco use on the American public, including youth.” said FDA Commissioner Margaret A. Hamburg, MD.

Age restrictions would go into effect almost immediately upon acceptance of the proposal. Minors under the age of 18 will not be permitted to purchase any of the tobacco products mentioned, including e-cigarettes.

Advertising and promotional restrictions have a 24-month grace period.

The proposed law is available for public comment for 75 days.

–Michael Potts

 

FDA proposes to extend its tobacco authority to additional tobacco products, including e-cigarettes [press release]. FDA. April 24, 2014. http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm394667.htm?source=govdelivery&utm_medium=email&utm_source=govdelivery