FDA regulations for e-cigarettes, other tobacco products take effect
Food and Drug Administration Office of Pediatric Therapeutics, Division of Pediatric
and Maternal Health, and Center for Tobacco Products
A new rule giving the Food and Drug Administration authority to regulate all tobacco
products, including e-cigarettes, hookah (water pipes), cigars and pipe tobacco, has
The rule aims to prevent youths from initiating tobacco use, inform consumers about
the risks, prevent false and misleading claims, encourage cessation, and decrease
the harms from tobacco use.
The FDA Center for Tobacco Products (CTP) has had authority over cigarettes, cigarette
tobacco, smokeless tobacco and roll-your-own tobacco since 2009 when the Tobacco Control
Act was passed. The new rule expands CTP’s authority to regulate all products that
meet the legal definition of a tobacco product.
Sales of all tobacco products (both in person and online) to those under the age of
18 years are now prohibited, and age verification by photo ID is required. The rule
also bans the distribution of free samples and the sale of tobacco products in vending
machines (unless located in an adult-only facility). Additional restrictions, such
as required health warnings on product packages and advertisements, apply to tobacco
product manufacturers and retailers.
The CTP is building a comprehensive tobacco regulation program and is interested in
reports about problems with tobacco products, especially unexpected health or safety
problems associated with use or exposure to a particular tobacco product. This includes
accidental exposures in children. Health care professionals, parents and others are
encouraged to make reports via the online Safety Reporting Portal at http://www.safetyreporting.hhs.gov.