FDA

The Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) became law on June 22, 2009, giving the Food and Drug Administration (FDA) the authority to regulate the manufacture, distribution, and marketing of tobacco products to protect public health.

 

“With over 700 convenience stores operating in the United States, NATO helps keep us informed on key regulatory issues where we operate stores.”

~ Brad Campbell, Category Manager – Tobacco, Sheetz and NATO Board Member.

FDA Overview Summary of FDA Deeming Regulations Enforcement Actions

Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act)

  • Was created primarily to prevent and reduce tobacco use by young people.
  • Recognizes that tobacco products are legal products available for adult use.
  • Prohibits false or misleading labeling and advertising for tobacco products
  • Provides the tobacco industry with several mechanisms to submit an application to FDA for new products or tobacco products with modified risk claims.
  • Gives authority to FDA to enforce all the provisions of this new law including contracts to States, U.S. Territories, and Tribal Nations to assist FDA with enforcement as well as a broad set of sanctions for violations of the law.

Summary of FDA Deeming Regulations

For a detailed summary of the FDA deeming regulations, click below to read the Summary (.DOX) of the FDA Deeming Regulations.

Download Summary

Enforcement Actions

NATO has been tracking FDA’s recent administrative and enforcement actions, and below are the disposable vapor brands cited as unauthorized or illegally sold in FDA civil money penalty complaints, import alerts, and warning letters. Please note that just because a brand is identified below does not necessarily mean that all SKUs in that brand family have been cited in an FDA administrative or enforcement action. We strongly recommend that all retailers check with their suppliers to ascertain the status of each individual product. We further note that the fact that a brand is included in the list below does not constitute any commentary on (i) the status of other non-vape categories of tobacco products that may bear the same or similar brand names or (ii) the validity of FDA’s allegations in the civil money penalty complaint, import alert, or warning letter.

Enforcement Actions