FDA Deeming Regulation

On Behalf of smartalk@smartalk.org:

“As you know, the FDA initiated the process to regulate non-cigarette tobacco products by announcing its proposed deeming regulation to assert jurisdiction over other tobacco products, including e-cigarettes, cigars, “little cigars,” dissolvable products, and hookah. “We’re very pleased that the FDA is finally taking action to protect children from the tobacco industry’s newest products,” said Doug Blanke, Executive Director of the Tobacco Control Legal Consortium. “Although this has been delayed for nearly five years, we’re encouraged that the FDA is now taking the first important step of the process of bringing all tobacco products under its broad regulatory authority.”

The FDA’s proposed regulation is now available for public view. “While this is an important action, the FDA’s proposal would leave many loopholes wide open –some for years. For example, e-cigarette companies will continue to be free to target children with aggressive marketing and candy flavors,” Blanke explained. “It is critical that the FDA hear from folks in public health about how these gaps in product regulation will harm their communities.” The Consortium is developing a fact sheet describing the details of the proposal and explaining the impact on federal tobacco regulation, which will be in an FDA Action Alert sent very soon to encourage public health advocates and professionals to submit comments on the proposed regulation.

In the meantime, the Consortium has developed several resources on FDA authority to regulate other tobacco products that provide helpful background to understand the FDA’s deeming proposal:

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Joelle M. Lester
Staff Attorney, Tobacco Control Legal Consortium
Public Health Law Center
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