FDA Tobacco Action Center

In June 2009, President Obama signed the Family Smoking Prevention and Tobacco Control Act, giving the Food and Drug Administration unprecedented authority to protect the public health by regulating tobacco products.  The ultimate success of the law will depend on an active and engaged public health community that works to support the FDA with the best evidence and input available. 

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Action Opportunities

Proposed Regulations

  • The U.S. Food and Drug Administration took the first step to regulate other products by proposing a Deeming Regulation to assert jurisdiction over other tobacco products, including e-cigarettes, cigars, “little cigars,” dissolvable products, and hookah. The agency is currently in the process of reviewing the more than 81,000 public comments submitted on this docket. Read the Consortium's comment on the proposed Deeming Regulation and view our other related resources.

Pending Citizen Petitions

  • The Tobacco Control Legal Consortium, together with state and local health departments and other health organizations public health organizations, filed a Citizen Petition  urging the FDA to regulate other tobacco products as stringently as it regulates cigarettes. View the petition.
  • The Tobacco Control Legal Consortium and eighteen other leading public health organizations filed a Citizen Petition urging the FDA to protect America's health by prohibiting menthol as a characterizing flavor in cigarettes. View the petition and submit your supporting comment.
  • The New York City Department of Health and Mental Hygieneand six national organizations are petitioning the FDA to establish a “track-and-trace” system to monitor the distribution of cigarettes and other tobacco products. Submit your comment supporting this petition.
  • R.J. Reynolds is petitioning the FDA to weaken the required smokeless tobacco warning label. Submit your comment opposing this harmful petition.
  • The University of Maryland has petitioned the FDA to assert jurisdiction over and begin regulating cigars. Submit your comment in support of this petition.

Current Requests for Information

  • None at this time.

View Action Center Resources

Citizen Petitions

Consortium Comments


Talking Points




The tobacco industry has been busy challenging provisions of the Tobacco Control Act since the law passed in 2009. The Consortium has developed litigation resources to explain what is at stake in each lawsuit and track their progress through the court system.

Tobacco Control Act Cases

About the FDA Tobacco Action Center

The Family Smoking Prevention and Tobacco Control Act, gives the U.S. Food and Drug Administration unprecedented authority to regulate tobacco products. The FDA’s regulatory process requires an informed and engaged public to support bold regulation. The tobacco industry continues to commit tremendous resources to this process and the public health community must do all that it can to counter the industry’s influence.

To assist public health officials, advocates, lawyers, and researchers, the Consortium’s FDA tobacco project is working to make the FDA’s process easy to navigate. Ultimately, we are working to achieve several goals:

  • Provide strong, evidence-based information to help the FDA enact strong tobacco regulations to promote public health
  • Help the FDA defend its decisions against the tobacco industry’s legal challenges
  • Proactively engage with the FDA to shape its agenda for the benefit of public health


For questions, contact our staff attorneys:
Desmond Jenson: (651) 695-7612; Desmond.Jenson@wmitchell.edu
Joelle Lester: (651) 695-7603; Joelle.Lester@wmitchell.edu


PLEASE NOTE that although commenting on FDA regulations does not traditionally constitute lobbying, each organization must consider its own limitations based on its legal structure, funding sources and relevant law. If you have any questions regarding what activities are permitted for your organization, please contact your funder or an attorney licensed in your jurisdiction.