In March, FDA released Draft Guidance for the Industry advising that it will not regulate cigars, little cigars, and pipe tobacco under the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act).  Accordingly, tobacco companies may continue to distribute free samples of these products lawfully.  Opponents of this practice claim that FDA’s guidance on this particular issue is contrary to the plain language of the Tobacco Control Act because the Act’s definition of “tobacco products” is broad enough to encompass cigars, little cigars, and pipe tobacco.  FDA is accepting comments on the Guidance until May 23.

For questions and/or comments, please contact Bryan Haynes, Troutman Sanders Tobacco practice partner, at 804.697.1420 or by email.