The FDA has proposed a new rule that would grant the agency authority to regulate additional tobacco products, including electronic cigarettes (e-cigarettes). The FDA currently only has regulatory authority over the following tobacco products: cigarettes, cigarette tobacco, roll-your-own-tobacco, and smokeless tobacco.
The 2009 Family Smoking Prevention and Tobacco Control Act, signed by President Obama, granted the Secretary of Health and Human Services the authority to place other tobacco products under the jurisdiction of the FDA. Currently, other tobacco products such as e-cigarettes, cigars, pipe tobacco, nicotine gels, waterpipe (or hookah) tobacco, and dissolvables are not under the FDA’s regulatory authority.
In the proposal, some of the requirements for makers of these other tobacco products would include:
- Register with the FDA and report product and ingredient listings
- Only market new tobacco products after FDA review
- Only make direct and implied claims of reduced risk if the FDA confirms that scientific evidence supports the claim and that marketing the product will benefit public health as a whole
- Not distribute free samples
Other requirements would also include:
- Minimum age and identification restrictions to prevent sales to underage youth
- Requirements to include health warnings
- Prohibition of vending machine sales, unless in a facility that never admits youth
The FDA is seeking comments regarding this proposal, particularly in regards to regulation of cigars and e-cigarettes. This proposal will be available for public comment for 75 days.
For more information call (888) 463-6332 or visit FDA.gov.