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Federal Regulation of Other Tobacco Products
The Family Smoking Prevention and Tobacco Control Act gives the U.S. Food and Drug Administration the authority to regulate any consumable product made or derived from tobacco. However, the law initially required the agency to regulate only cigarettes, cigarette tobacco, roll-your-own tobacco and smokeless tobacco. In order to regulate all other tobacco products, the FDA is required to establish its regulatory authority through the formal rulemaking process.
On May 10, 2016, the U.S. Food & Drug Administration (FDA) published a final rule to begin regulating e-cigarettes, cigars, pipe tobacco, hookah, and all other tobacco products. The Tobacco Control Legal Consortium and other public health organizations had been pressing the FDA to take this step for nearly seven years, recognizing it as an important foundation for protecting public health from the enormous toll of illness and death caused by tobacco use. See the resources below for materials explaining what this new rule means for federal tobacco regulation and what steps the FDA must still take to protect public health.
- The Deeming Regulation: FDA Authority Over E-Cigarettes, Cigars, and Other Tobacco Products (2016)
- State and Local Tobacco Regulation in a Post-Deeming World (2016)
- Consortium Comment to the FDA on the Proposed Deeming Regulation (2014)
- The FDA Takes Small Steps to Expand Tobacco Regulation (2014)
- Urge the FDA to Strengthen the Proposed Deeming Regulation (2014)
- The Deeming Regulation: The FDA's Questions for the Public Health Community (2014)
- A Deeming Regulation: What is Possible Under the Law (2014)
- Why Should I Care About a Deeming Regulation? (2014)
- A Deeming Regulation: Expanding FDA Regulation of Tobacco Products (2014)
- FDA Citizen Petition – Asking FDA to Regulate all Tobacco Products (2013)
- Highlights of Citizen Petition to FDA on Regulating all Tobacco Products (2013)
- Beyond Cigarettes: Federal Regulation of Other Tobacco Products