Overview - 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 and other tobacco products is on its agenda of items for possible rule-making.

 

Overview

The implementation of the Family Smoking Prevention and Tobacco Control Act (FSPTCA) is taking place over time. Some provisions took effect immediately while other provisions require the FDA to take action through rule-making, which generally involves public comment and scientific review.

GENERAL PROVISONS

Among other things, the law:

 
  • Prohibited cigarettes with characterizing flavors other than menthol and tobacco.
  • Banned product descriptors such as “light,” “mild” and “low tar” unless expressly authorized by the FDA.
 
  • Provided the FDA authority to do more to prevent minors from using tobacco products.
 
  • Changed the language of smokeless tobacco product health warnings and enlarged their size.
  • Required the development of graphic health warnings for cigarette packaging and advertising to accompany new text warnings.
 
  • Requires the establishment of good manufacturing practices for tobacco products manufacturing and provides the FDA authority to inspect tobacco product manufacturing and other facilities.
 
  • Requires extensive ingredient reporting to the FDA.
 
  • Imposed new restrictions on the advertising, promotion, sale and distribution of tobacco products, including at retail.
  • Recognizes that any advertising and promotional restrictions cannot violate the First Amendment.
 
  • Provides the FDA authority to regulate nicotine yields and to reduce or eliminate harmful smoke constituents or harmful ingredients.
  • Established a tobacco product scientific advisory committee.
 
  • Provides the FDA authority to mandate changes in the design of tobacco products.
  • Establishes standards for products that could potentially reduce the harm caused by tobacco products and to define the appropriate ways to communicate about these products.

Federal Regulation of Tobacco

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RELATED RESOURCES

  • To learn more about the FDA and its Center for Tobacco Products, please click here.
  • To read the FSPTCA, please click here.
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