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Federal Regulation of Tobacco
On June 22, 2009, President Barack Obama signed into law the Family Smoking Prevention and Tobacco Control Act, giving the U.S. Food and Drug Administration (FDA) comprehensive authority to regulate the manufacturing, marketing, and sale of tobacco products. The new law represents the most sweeping action taken to date to reduce what remains the leading preventable cause of death in the United States.
Before enactment of the new law, tobacco products were largely exempt from regulation under the nation’s federal health and safety laws, including the Food, Drug, and Cosmetic Act. The FDA has regulated food, drugs and cosmetics for many decades, but not tobacco products, except in those rare circumstances when manufacturers made explicit health claims.
What the New Law Does
The Family Smoking Prevention and Tobacco Control Act adds a new Chapter IX to the Food, Drug, and Cosmetic Act, establishing and governing the regulation of tobacco products. A new Center for Tobacco Products has been created within the FDA to establish tobacco product standards, among other things. Chapter IX vests the FDA with jurisdiction to regulate both current and new tobacco products and restrict tobacco product marketing, while also directly implementing provisions that will, among other things, restrict tobacco product marketing and advertising, strengthen cigarette and smokeless tobacco warning labels, reduce federal preemption of certain state cigarette advertising restrictions, and increase nationwide efforts to block tobacco product sales to youth.
Visit our Federal Regulation of Tobacco Collection for more resources and material on this legislation.
Featured Publications
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The Federal Trade Commission and Tobacco (2012) PDF, 235.11 KB |
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Tobacco Control Act and SAMHSA Synar Program Comparison (2012) PDF, 199.75KB |
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Tobacco Litigation Update: U.S. Smokeless Tobacco Manufacturing Co. v. NYC (2011) PDF, 280.54 KB |
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Tobacco Litigation Update: R.J. Reynolds Tobacco Co. v. FDA (2011) PDF, 262.91 KB |
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Tobacco Control and the Takings Clause - Tips and Tools (2011) PDF, 335.67 KB |
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Cigarette Minimum Price Laws - Tips and Tools (2011) PDF, 329.75 KB |
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Price-Related Promotions for Tobacco Products: An Introduction to Key Terms & Concepts (2011) PDF, 215.41 KB |
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Taxation of Tobacco Products: An Introduction to Key Terms & Concepts (2011) PDF, 246.33 KB |
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Tobacco Control and the Void for Vagueness Doctrine - Tips and Tools (2011) PDF, 365.06 KB |
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Tobacco Control and the Equal Protection Clause - Tips and Tools (2011) PDF, 339.91 KB |
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Restricting Tobacco Advertising - Tips and Tools (2011) PDF, 300.98 KB |
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New York City Graphic Warning Sign Requirement & Litigation - Fact Sheet (2011) PDF, 191.78 KB |
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Placement of Tobacco Products - Tips and Tools (2011) PDF, 396.81 KB |
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Local Board of Health Authority to Regulate Tobacco - Tips and Tools (2011) PDF, 280.73 KB |
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Tobacco Control Legal Consortium's Comments to FDA on Required Warnings for Cigarette Packages and Advertisements PDF, 328.56 KB |
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Submitting Comments on Tobacco Products to the FDA (2010) PDF, 276.46 KB |
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Legal Consortium's Comments to FDA on Impact of Dissolvable Tobacco Use on Public Health (Sept. 2010) PDF, 125.22 KB |
| Citizen Petition to FDA Regarding Review & Regulation of NRT Products Petition to FDA re. tobacco cessation products (2010) PDF, 623.11 KB |
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Regulating Tobacco Product Pricing: Guidelines for State and Local Governments 2010 PDF, 348.22 KB |
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Regulating Tobacco Retailers: Options for State and Local Governments 2010 PDF, 371.93 KB |
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Regulating Tobacco Advertising and Promotion: A "Commerce Clause" Overview for State & Local Governments 2010 PDF, 1.65 MB |
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Webinar: Regulating the Advertising and Promotion of Tobacco Products after the 2009 FDA Law April 29, 2010, 1 hr 30 min |
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Tobacco Product Display Bans - Center for Public Health and Tobacco Policy (Oct. 2010) Center for Public Health and Tobacco Policy PDF, 4.05 MB |
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Tobacco Retail Licensing: New York - Center for Public Health and Tobacco Policy (Oct. 2010) Center for Public Health and Tobacco Policy PDF, 3.06 MB |
| Audio: Holy Smokes! The New FDA Authority to Regulate Tobacco Products March 2, 2010 1 hr 30 min |
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Regulating the Advertising and Promotion of Tobacco Products after the 2009 FDA Law Presentation April 29, 2010 |
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State and Local Policy as Tool to Complement and Supplement the FDA Law TALC |
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Federal Regulation of Tobacco Collection Fact sheets and other materials addressing complex legal issues raised by the new federal tobacco legislation |
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New Federal Tobacco Control Legislation and Making History Kerry Cork, J.D. |



























