New FDA Rule Extends Regulation to E-Cigarettes and Other Tobacco Products

The Food and Drug Administration (FDA) took action today to improve the public’s health and protect future generations from tobacco and nicotine addiction by announcing a new rule extending its oversight beyond cigarettes and smokeless tobacco.

The new rule includes the regulation of e-cigarettes and vape pens, all cigars, hookah tobacco, pipe tobacco and nicotine gels, among others. The rule also looks to restrict youth access to tobacco and nicotine products.

The new rule requires the FDA to approve all tobacco products (including e-cigarettes) not currently regulated that went on the market after February  2007.

These components are scheduled to go into effect in 90 days:

  • Tobacco products cannot be sold to minors under the age of 18 (both in person and online)
  • Age verification by photo ID is required for all tobacco sales
  • Tobacco products covered by the rule cannot be sold in vending machines (unless in an adult-only facility)
  • The distribution of free tobacco product samples is not allowed.

Tobacco manufacturers must show that their products meet the applicable public health standard set forth in the law and receive marketing authorization from the FDA, unless the product was on the market as of February 15, 2007. Tobacco companies with products on the market have two years to comply.

For more information on the FDA’s tobacco rule visit please go to the FDA website.