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

  The Federal Trade Commission and Tobacco (2012)

PDF, 235.11 KB

  Tobacco Control Act and SAMHSA Synar Program Comparison (2012)

PDF, 199.75KB

  Tobacco Litigation Update: U.S. Smokeless Tobacco Manufacturing Co. v. NYC (2011)

PDF, 280.54 KB

  Tobacco Litigation Update: R.J. Reynolds Tobacco Co. v. FDA (2011)

PDF, 262.91 KB

  Tobacco Control and the Takings Clause - Tips and Tools (2011)

PDF, 335.67 KB

  Cigarette Minimum Price Laws - Tips and Tools (2011)

PDF, 329.75 KB

  Price-Related Promotions for Tobacco Products: An Introduction to Key Terms & Concepts (2011)

PDF, 215.41 KB

  Taxation of Tobacco Products: An Introduction to Key Terms & Concepts (2011)

PDF, 246.33 KB

  Tobacco Control and the Void for Vagueness Doctrine - Tips and Tools (2011)

PDF, 365.06 KB

  Tobacco Control and the Equal Protection Clause - Tips and Tools (2011)

PDF, 339.91 KB

  Restricting Tobacco Advertising - Tips and Tools (2011)

PDF, 300.98 KB

  New York City Graphic Warning Sign Requirement & Litigation - Fact Sheet (2011)

PDF, 191.78 KB

  Placement of Tobacco Products - Tips and Tools (2011)

PDF, 396.81 KB

  Local Board of Health Authority to Regulate Tobacco - Tips and Tools (2011)

PDF, 280.73 KB

  Tobacco Control Legal Consortium's Comments to FDA on Required Warnings for Cigarette Packages and Advertisements

PDF, 328.56 KB

  Submitting Comments on Tobacco Products to the FDA (2010)

PDF, 276.46 KB

  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

  Regulating Tobacco Product Pricing: Guidelines for State and Local Governments

2010

PDF, 348.22 KB

  Regulating Tobacco Retailers: Options for State and Local Governments

2010

PDF, 371.93 KB

  Regulating Tobacco Advertising and Promotion: A "Commerce Clause" Overview for State & Local Governments

2010

PDF, 1.65 MB

  Webinar: Regulating the Advertising and Promotion of Tobacco Products after the 2009 FDA Law

April 29, 2010, 1 hr 30 min
Tobacco Control Legal Consortium and Public Health Law & Policy
A discussion of preemption and First Amendment issues affecting state and local marketing of tobacco products following the passage of the 2009 federal tobacco legislation.

  Tobacco Product Display Bans - Center for Public Health and Tobacco Policy (Oct. 2010)

Center for Public Health and Tobacco Policy

PDF, 4.05 MB

  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
Tobacco Control Legal Consortium, Public Health Law & Policy, Campaign for Tobacco-Free Kids, Centers for Disease Control and Prevention
Hosted by American Bar Association and the ABA Center for Continuing Legal Education
A panel discussion by tobacco control experts of federal regulation of tobacco and impact of FDA authority on government practice at federal, state and local levels.

  Regulating the Advertising and Promotion of Tobacco Products after the 2009 FDA Law Presentation

April 29, 2010
PDF, 5.54 Mb

  State and Local Policy as Tool to Complement and Supplement the FDA Law

TALC
PDF, 81 Kb

  Federal Regulation of Tobacco Collection

Fact sheets and other materials addressing complex legal issues raised by the new federal tobacco legislation

  New Federal Tobacco Control Legislation and Making History

Kerry Cork, J.D.
NALBOH NEWSBRIEF
PDF, 2.52 Mb