FDA Regulations
President Obama signed the Family Smoking Prevention and Tobacco Control Act into law on June 22, 2009. The law gives the U.S. Food and Drug Administration the authority to regulate the manufacturing, marketing, and sale of tobacco products (e.g., banning the sale of candy and fruit-flavored cigarettes). In addition, the FDA regulations removed some previous preemptive language around the enactment of tobacco advertising and sales of tobacco products laws, and now permits municipalities and states to consider laws that would regulate the restrict the time, place and manner of cigarette advertising, consistent with the First Amendment.
New rules, which went into effect on June 22, 2010, limit the sale and marketing of cigarettes and smokeless tobacco by:
- Prohibiting the sale of cigarettes or smokeless tobacco to people younger than 18;
- Prohibiting the sale of cigarette packages with less than 20 cigarettes;
- Prohibiting distribution of free samples of cigarettes;
- Restricting distribution of free samples of smokeless tobacco; and
- Prohibiting tobacco companies from sponsoring any athletic, musical or other social or cultural events, among other things.
There are a number of excellent online resources to aid you in your efforts
to prevent youth tobacco addition and to comply with FDA regulations. For general
information about the law, review:
http://www.fda.gov/TobaccoProducts/ProtectingKidsfromTobacco/default.htm
The FDA launched an online resource to educate retailers and the public about the regulations as well: http://www.fda.gov/TobaccoProducts/ResourcesforYou/BreakTheChain/default.htm
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FDA News
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EDITORIAL:
Wins and Losses in the Fight Against Tobacco FDA
to take action soon on tobacco decisions High
court keeps tobacco marketing restrictions intact FDA
loosens restrictions on nicotine replacement products Rising
sales of e-cigarettes spur call for regulations FDA
veteran to spearhead tobacco regulatory efforts; current director to
step down in March FDA
should do more with its authority over tobacco products Court
upholds block on graphic cigarette warnings A federal appeals court on Friday left intact a court judgment that
ordered tobacco companies to do corrective advertising about the dangers
of smoking. Medical
News: FDA Issues Long List of Harmful Tobacco Components Forget tar and nicotine -- the FDA is proposing to list as harmful or potentially harmful more than 100 chemicals found in tobacco and tobacco smoke, paving the way for tighter regulation of commercial tobacco products. The agency's Center for Tobacco Products released the draft list in advance of an advisory committee meeting Monday to review proposed criteria for classifying tobacco and smoke components as harmful. . . . The 100-plus compounds -- ranging from acetaldehyde to vinyl chloride -- identified in briefing documents by the FDA staff already appear on lists of hazardous chemicals developed by the Environmental Protection Agency, the International Agency for Research on Cancer, the National Toxicology Program, and the National Institute of Occupational Safety and Health. Tobacco and its smoke contain a bewildering array of organic compounds as well as elemental heavy metals including lead, cobalt, cadmium, and even uranium (including the weapons-grade isotope, U-235). The agency will ask the committee's guidance in determining how much weight to put on those lists and the research on which they're based, which was often animal studies with "limited evidence" for human health effects. ... |