FDA Oversight of Tobacco Products

Tobacco use remains the leading cause of preventable death in the U.S. killing close to half a million people each year. The American Lung Association believes it is critical that the federal government has strong oversight authority over the manufacturing, sales and marketing of all tobacco products to help reduce this deadly toll and protect public health.

The Lung Association was a leader in passing the Family Smoking Prevention and Tobacco Control Act in 2009, which established the Center for Tobacco Products. The 2009 law gave FDA immediate authority over cigarettes and smokeless tobacco products and in 2016, FDA asserted its authority over all other tobacco products, including cigars, e-cigarettes, little cigars, hookah and pipe tobacco.

In 2017, FDA announced it would delay its review of all e-cigarettes and these other products. In response, the Lung Association and our partners filed a lawsuit. A federal judge ruled in favor of public health and FDA has announced that tobacco manufacturers must file their applications by May 12.

FDA has the authority to remove products from the marketplace that are not "appropriate for the protection of the public health." FDA can also require product standards, or changes to existing tobacco products on the marketplace.  

For more information about FDA authority over tobacco products:

Page last updated: July 21, 2020

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