Milestones - Altria

The Family Smoking Prevention and Tobacco Control Act, enacted in June 2009, granted the U.S. Food and Drug Administration the authority to regulate tobacco products.

Currently, the Food and Drug Administration (FDA) regulates cigarettes, cigarette tobacco, "roll-your-own" tobacco and smokeless tobacco products; however, the law allows the FDA to extend its authority to regulate other tobacco products, including cigars and pipe tobacco. The FDA has indicated that regulation of cigars is on its agenda of items for possible rule-making.

 

Milestones

This chart shows some of the significant milestones found in the Family Smoking Prevention and Tobacco Control Act.

Key Milestones of Family Smoking Prevention and Tobacco Control Act Implementation 
DateProvision
June 2009 
  • FDA has authority to inspect tobacco factories, warehouses, and establishments.
  • Requirement that tobacco labeling and advertising cannot be false or misleading.
  • Requirement for FDA to review and authorize any reduced exposure/risk communication.
  • Prohibition of communication to consumers conveying that tobacco products are safe, approved, or endorsed for use by the FDA. 1
  • Specific illegal trade reporting requirements for manufacturers and distributors.
September 2009 
  • Manufacturers cannot produce cigarettes or cigarette tobacco with a characterizing flavor other than tobacco or menthol.
June 2010 
  • Manufacturers provided certain information to FDA including ingredients and other scientific documents.
  • Manufacturers can no longer use descriptors such as “light” or “low tar” on packaging, advertising, and labels.
  • Manufacturers made warning label changes that cover 30 percent of the two principal facing displays in black and white text to smokeless tobacco products.
  • FDA issued final rules regarding the sale, promotion and advertising of tobacco products. 2
March 2011 
  • Manufacturers provide substantial equivalence reports to the FDA for certain modified products and products introduced into the market for the first time after February 15, 2007.
  • Manufacturers must receive clearance from FDA for any new or certain modified products before introducing into the market.
  • TPSAC provided a report and recommendation regarding the use of menthol in cigarettes and its impact on public health to the FDA. FDA will review TPSAC’s recommendation and determine what actions, if any, to propose.
June 2011 
  • FDA issued final regulations for new warnings including graphic images for cigarette packaging and advertising.
March 2012 
  • TPSAC is required to provide a report and recommendation to the FDA on the nature and impact of the use of dissolvable tobacco products on public health.
April 2012 
  • FDA is required to publish a list of harmful and potentially harmful constituents in tobacco products and smoke.
June 2012 
  • Manufacturers must provide a listing to FDA of all constituents including smoke constituents that FDA has identified as being harmful or potentially harmful.
  • Earliest possible effective date for manufacturers to comply with Good Manufacturing Practices (GMP’s) regulations for tobacco products if issued by FDA.
September 2012 
  • Manufacturers must comply with graphic cigarette warning requirements. 3

To view the FDA's full FSPTCA timeline, please click here.

1 On January 5, 2010, a federal district court in Kentucky enjoined the FDA from enforcing the ban of claims implying that a tobacco product is safer because of FDA regulation. That decision is on appeal to the United States Court of Appeals for the Sixth Circuit.

2 On January 5, 2010, a federal district court in Kentucky enjoined the FDA from enforcing certain aspects of these regulations. That decision is on appeal to the United States Court of Appeals for the Sixth Circuit. The FDA has indicated that it does not intend to enforce the ban on the use of color and graphics in labels and advertising for the duration of the injunction.

3 On November 7, 2011, a federal district court in Washington DC issued a preliminary injunction enjoining the FDA from implementing any new graphic images or textual warning requirements until 15 months after a final ruling on their constitutionality.

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