In a notice stating that FDA intends to issue a solicitation for proposals to identify tobacco advertisements, FDA recently stated that it intends to issue this summer so-called “deeming regulations” covering additional tobacco products under the Tobacco Control Act.

The Tobacco Control Act gave FDA immediate authority over cigarettes, roll-your-own tobacco and smokeless tobacco.  The Tobacco Control Act also gave FDA authority to issue regulations covering additional tobacco products, such as cigars, pipe tobacco and electronic cigarettes.  After indicating in 2011 that it intended to issue the regulations later that year, FDA did not issue the regulations in 2011.  At a recent conference on tobacco regulatory issues, the head of FDA’s Center for Tobacco Products Dr. Lawrence Deyton advised that the process for issuing regulations was more complicated than originally thought.

The notice indicates that FDA intends to issue the “deeming regulations” this summer, but it does not specify the tobacco products that will be covered by the regulations.  The notice indicates that FDA has the authority to regulate cigars, cigarillos, hookah tobacco and e-cigarettes, but does not indicate whether all of these products will be covered by the deeming regulations (or whether pipe tobacco will also be covered).  In the meantime, there are federal legislative proposals that would strip FDA of authority to regulate so-called “traditional” large cigars.  Stay tuned this summer for which products FDA decides to regulate, and how FDA decides to regulate those products.

For questions and/or comments, please contact Bryan Haynes, at 804.697.1420 or by email.