FDA’s Authority Extended To All Tobacco Products

Tobacco use is the common largest preventable cause of disease and mortality in the United States. As part of its goal to improve public health and save future generations from the risks of tobacco use, the FDA has extended its authority to overspread all products that meet the definition of a tobacco product.

The Food and Drug Administration is lastly going to start regulating e-cigarettes and other tobacco products such as cigars and hookah in a similar way it regulates cigarettes and other tobacco products, according to a much-anticipated federal rule published in May, 2016. Another important point is that now agency has jurisdiction over all tobacco products in the US — including the $3 billion e-cigarette business that wasn’t previously under its jurisdiction. E-vapor industry is one of the fastest growing around the world, with global sales in 2016 expected to exceed $4 billion.

Previously, cigarettes, cigarette tobacco, roll-your-own tobacco and smokeless tobacco were regulated by FDA. However, in 2016, the FDA finalized a rule –which Deems Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act – this expands the FDA’s authority to comprise regulations of electronic nicotine delivery systems (such as e-cigarettes and vape pens), all cigars, hookah (water pipe) tobacco, pipe tobacco and nicotine gels, among others.

This action is a milestone in consumer protection – going forward, the FDA will be able to:

  • Scrutiny new tobacco products not yet on the market;
  • Help prevent misleading claims promoted by tobacco product manufacturers;
  • Assess the ingredients of tobacco products and how they are made; and
  • Convey the potential risks of tobacco products.

Advertising & Promotion:

FDA regulates the way tobacco producers, processors, retailers, and distributers can advertise and promote cigarettes and smokeless tobacco products. This includes online marketing attempts designed to appeal to young generations.

Reduction relating to marketing, advertising, and promotion include:

  • Prohibition tobacco brand name sponsorship of any athletic, musical, or other cultural or social occasion, or any group and also entry into those public events.
  • Require that audio promotions contain just words with no music or sound effects.
  • Prohibit the exchange or dissemination of items like caps and tee shirts, with cigarette and smokeless tobacco brands or logos.
  • Require that producers or processors get a written request from FDA allowing the lawful advertising of new or upcoming tobacco products.


FDA issued new rules for a range of tobacco products, including smokeless tobacco product warning labels and “light,” “low,” “mild” or relative descriptions on tobacco products. These new laws are expected to have a remarkable public health impact by reducing the number of people using tobacco products, evolving in lives saved, increased life expectancy, and lower medical costs.

FDA’s authority includes

To know more, attend a Live Webinar with expert speaker Azim Chowdhury, titled “What to Expect from FDA’s Deeming Regulation: E-Cigarettes and Cigars”, Mr. Chowdhury is an Attorney at the law firm of Keller and Heckman LLP in Washington, DC. Mr. Chowdhury has significant expertise in tobacco and e-vapor product regulation relating to the implementation of the Family Smoking Prevention and Tobacco Control Act, and spearheaded the FDA Tobacco and Electronic Cigarette practice at Keller and Heckman, will discuss on how FDA’s proposed rule will substantially change the way e-vapor products are currently manufactured, marketed and distributed in the United States, as well as its potential impact on the global market.

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