FDA Tobacco Act

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Cigars, Cigarillos and Little Cigars and the Family Smoking Prevention and Tobacco Control Act

Cigars, Cigarillos & Little Cigars  ||  Grantee Projects  ||  FDA Tobacco Act

The Family Smoking Prevention and Tobacco Control Act (the FDA Act), which recently became law, grants the Food and Drug Administration (FDA) authority to regulate tobacco products.  While the law gives FDA broad authority to act on all tobacco products, currently, the law’s provisions are specifically directed at cigarettes or smokeless tobacco products, but not to cigars. (Note that the advertising and marketing restrictions on cigarettes included in the Master Settle Agreement (MSA) between 46 states, five territories and the tobacco industry also do not apply to cigars).  FDA can choose to extend those provisions to cigar products, but it is not required to do so.  Some examples are below:

• The bill specifically bans flavored cigarettes (other than menthol).  The bill did not specifically ban flavors in cigars. 
• The new, extensive warning label requirements for cigarettes and smokeless products do not apply to cigars.
• The advertising and marketing restrictions for cigarettes and smokeless tobacco products in the law do not specifically apply to cigar products.

Again, while the FDA Act does not specifically grant FDA authority over cigar products now, FDA does have the ability to expand its authority to cigar products via the regulatory process.  Legacy encourages FDA to use its authority to expand these provisions to include cigar products.