EMERGING PRODUCTS

The U.S. Food and Drug Administration has authority to regulate a range of commercial tobacco products that includes e-cigarettes, hookah, cigars, and products using synthetic nicotine. The tobacco industry, however, continues to introduce new products — many of which the FDA does not have clear authority to regulate, such as nicotine-free products (e.g., nicotine analogs). Some products, such as heated cigarettes (e.g., IQOS) raise important questions about public health risks. States and localities will want to analyze and update their laws to ensure these products are properly regulated.