WASHINGTON – When President Obama signed the Family Smoking Prevention and Tobacco Control Act in 2009, it gave the U.S. Food and Drug Administration (FDA) the authority to regulate cigarettes, roll-your-own tobacco and smokeless tobacco. In May, the FDA issued a new rule, effective August 8, 2016, that expands the regulations’ coverage to include other nicotine and tobacco products. NACS has released a members-only memo explaining in-depth what retailers need to know about the rule.
In addition to cigarettes, roll-your-own tobacco and smokeless tobacco, the FDA will regulate the following “newly deemed tobacco products:”
- E-cigarettes, vape pens and other electronic nicotine delivery systems (ENDS);
- All cigars, including premium cigars;
- Waterpipe (hookah) tobacco;
- Pipe tobacco;
- Nicotine gels;
- Dissolvable tobacco products;
- Novel and future tobacco products; and
- Components and parts of newly deemed tobacco products.
Accessories of the newly deemed products, such as screwdrivers and lanyards used with e-cigarettes, hookah glow balls, foil pokers, tongs and bags will not be subject to the new regulations. The FDA has issued several guidance documents for retailers.
NACS members can learn more about this issue by reading the full memo online.