In June 2009, the passage of the Family Smoking Prevention and Tobacco Control Act gave the U.S. Food and Drug Administration (FDA) the authority to regulate tobacco products. The grading system for the Federal Regulation of Tobacco Products category is based on how the federal government is implementing this authority.
The American Lung Association has identified three important items that FDA was required by the Tobacco Control Act to implement and/or that would significantly reduce tobacco use: 1) implementation of a rule asserting authority over all other tobacco products besides cigarettes, smokeless tobacco and roll-your-own tobacco – also known as the “deeming” rule; 2) requiring large, graphic cigarette warning labels that cover the top 50% of the front and back of cigarette packs; and 3) issuing at least one product standard to reduce the toxicity, addictiveness and/or appeal of tobacco products, such as removal of flavored tobacco products from the marketplace or reducing nicotine levels in tobacco products. Points were awarded based on how the federal government has implemented these three items.
The Federal Regulation of Tobacco Products grade breaks down as follows:
| Grade | Points Earned |
|---|---|
| A | 11 or 12 Total Points |
| B | 10 Total Points |
| C | 9 Total Points |
| D | 8 Total Points |
| F | Under 8 Total Points |
Implementation of Final “Deeming” Rule Giving FDA Authority over All Tobacco Products (4 points)
Target is implementation of final rule that gives FDA authority over all tobacco products in addition to cigarettes and smokeless tobacco.
+4 points: Deeming rule fully implemented; pre-market review of all deemed tobacco products complete; products without marketing orders from FDA are removed from marketplace.
+3 points: FDA has begun the pre-market tobacco application (PMTA) process for all deemed tobacco products.
+2 points: FDA only implementing portions of deeming rule
+0 points: FDA postpones implementation of the entire rule
Graphic Cigarette Warning Labels (4 points)
Target is FDA requires large, graphic cigarette warning labels that cover the top 50% of the front and back of cigarette packs.
+4 points: FDA requires large, graphic cigarette warning labels that cover the top 50% of the front and back of cigarette packs.
+1 points: FDA proposes large, graphic cigarette warning labels that cover the top 50% of the front and back of cigarette packs.
+0 points: No graphic warning label proposal or requirement is issued.
Product Standards to Address Toxicity, Addictiveness and Appeal of Tobacco Products (4 points)
Target is FDA takes action to reduce the toxicity, addictiveness and/or appeal of tobacco products, such as removing flavored tobacco products from the marketplace or reducing nicotine levels in tobacco products.
+4 points: Strong product standard is finalized that will be appropriate for the protection of public health, such as eliminating all flavored tobacco products or reducing nicotine levels in all tobacco products.
+3 points: Strong product standard is finalized, such as removing some but not all flavored tobacco products or reducing nicotine levels in some tobacco products.
+2 points: Strong product standard is proposed that will be appropriate for the protection of public health, such as eliminating all flavored tobacco products or reducing nicotine levels in all tobacco products.
+1 points: Product standard is proposed, such as removing some but not all flavored tobacco products from the marketplace or reducing nicotine levels in some tobacco products
+0 points: No product standard is proposed or issued.
Page last updated: January 26, 2026