The Family Smoking Prevention and Tobacco Control Act (FSPTCA), also known as the Tobacco Control Act, became law on June 22, 2009. It gives the Food and Drug Administration (FDA) the authority to regulate the manufacture, distribution, and marketing of tobacco products to protect public health. The Tobacco Control Act gave the FDA immediate authority to regulate cigarettes, cigarette tobacco, roll-your-own tobacco and smokeless tobacco. For other kinds of tobacco products, the statute authorizes the FDA to issue regulations "deeming" them to be subject to such authorities. Consistent with the statute, once a tobacco product is deemed, the FDA may put in place "restrictions on the sale and distribution of a tobacco product," including age-related access restrictions as well as advertising and promotion restrictions, if the FDA determines the restrictions are appropriate for the protection of the public health.
For more information about the Tobacco Control Act, visit the FDA Center for Tobacco Products site:
The deeming rule issued on May 5, 2016, will extend the FDA’s tobacco product authorities to additional categories of products that meet the statutory definition of a tobacco product, including Electronic Nicotine Delivery Systems or ENDS (e.g., e-cigarettes, vape pens), cigars, pipe tobacco, gels, hookah (waterpipe) tobacco, and future tobacco products, but not including accessories of newly deemed products. The final deeming rule triggers automatic provisions and contains additional restrictions.
Newly deemed tobacco products automatically are required to comply with all provisions regarding “tobacco products” found in the Federal Food, Drug, and Cosmetic (FD&C) Act. These automatic provisions require industry, which includes manufacturers and retailers, to take certain actions, such as:
The final rule establishes the following three additional restrictions for “covered tobacco products,” which includes all newly deemed tobacco products except those components and parts that are not made or derived from tobacco:
For more information about Deeming Tobacco Products to be subject to the Federal Food, Drug, and Cosmetic Act as Amended by the Family Smoking Prevention and Tobacco Control Act, visit the FDA Center for Tobacco Products website.
To help make tobacco-related death and disease a part of America’s past, not its future, the FDA is committed to educating the public—especially young people—about the harms of tobacco products, keeping tobacco products out of the hands of America’s youth, and dramatically reducing the appeal of these deadly products. Everything the FDA does is designed to reduce the impact of tobacco on public health, including our top three goals to:
The Center for Tobacco Products (CTP) oversees the implementation of the Family Smoking Prevention and Tobacco Control Act. Some of the CTP’s responsibilities under the law include setting performance standards, reviewing premarket applications for new and modified risk tobacco products, requiring new warning labels, and establishing and enforcing advertising and promotion restrictions.