Once Again, the FDA Announces Their Intent to Issue Regulations on Cigars/Pipe Tobacco

IPCPR recently learned of an announcement by the U.S. Food and Drug Administration on the Federal Business Opportunities website (www.fbo.gov).  On that site, the FDA states they intend to issue a "deeming regulation" during summer 2012 to cover other tobacco products.  This statement by the FDA was included as a part of a solicitation announcement in which the agency is seeking a contractor to identify a list of all tobacco product advertisements in the United States.  We found it interesting that this was never mentioned in any of the routine updates from the Center for Tobacco Products or other FDA reports.

So what does this mean for our members?  Basically, it should serve as yet another "wake-up call" for H.R. 1639/S. 1461.  We just returned today from a trip to Capitol Hill with IPCPR and CRA staff and members.  Grassroots support HAS NEVER BEEN MORE IMPORTANT TO US THAN RIGHT NOW. 

Go to www.ipcpr.org and send a message to your Congressman and Senators...ask that they support H.R. 1639 and S. 1461.  Call their offices, fax them, email them...now, not later. 

Go to wh.gov/Qtz and sign the petition urging the President to call off the FDA.

Specifically, in the "Background" section of the solicitation announcement, the FDA states as follows:

"On June 22, 2009, the President signed the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) into law (Public Law 111-31).  The Tobacco Control Act amended the Federal Food, Drug, and Cosmetic Act (Act) and granted the Food and Drug Administration (FDA) authority to regulate the manufacture, marketing, and distribution of tobacco products.  Currently, FDA regulates the following tobacco products: cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco. See Section 901(b) of the Act. 

The Act allows FDA to issue regulations asserting jurisdiction over other tobacco products, such as cigars, cigarillos, e-cigarettes, and hookahs, among others.  FDA expects to issue a deeming regulation in summer 2012 to cover other tobacco products."

A deeming regulation is a proposed regulation that would include products meeting the definition of a "tobacco product" under the Tobacco Control Act to be subject to the FDA's jurisdiction.  The Tobacco Control Act defines a "tobacco product" as meaning "any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product)." 

This means the FDA plans to issue sometime this summer a proposed regulation covering other tobacco products such as cigars, cigarillos, e-cigarettes, hookahs and possibly other tobacco products.  The extent of the proposed regulation is not currently known, but the law requires it be published in the Federal Register when released by the FDA's Center for Tobacco Products.

A full copy of the FDA solicitation notice can be found here.