On April 25, FDA announced that it will regulate smokeless electronic cigarettes (“e-cigarettes”) as tobacco products and not as drug-delivery devices, which are subject to more stringent regulation.  FDA said it will propose rule changes to treat e-cigarettes the same as cigarettes and other tobacco products.  While FDA regulation is coming into focus, uncertain issues involve how state and local governments will regulate e-cigarettes.  It is critical that e-cigarette manufacturers and vendors gain an awareness of this rapidly changing regulatory landscape.

This week, the FDA announced the nine new cigarette health warnings that, as of September 2012, must be placed on the top fifty percent of both the front and rear panels of each cigarette package. The new warnings are larger, more prominent and include images that correspond to each warning.  The new warnings must also be placed in the upper portion of each cigarette advertisement, occupying at least 20 percent of the area of the advertisement.

While cigarette tobacco volumes are somewhat declining across the industry, and majors are looking at or entering alternative markets such as smokeless and cigars, Lorillard has made it clear that for the time being they are going to concentrate on their core products–Newport, which has approximately 35% of the menthol market, and a non-menthol Newport, recently introduced in view of the FDA’s advisory panel’s review of the impacts of menthol cigarettes.

Was your tobacco product commercially marketed in the United States as of February 15, 2007? If so, you will be required to provide evidence of this to FDA. You should take the time to protect and collect documents supporting grandfathered status for each brand.

Star Scientific — manufacturer of the dissolvable tobacco products Ariva and Stonewall — has announced that it is poised to market these products as modified risk.  To our knowledge, Star Scientific was the first company to submit an application to FDA to market its products as having a lower risk of heath ailments resulting from the use of tobacco.