FDA finalizes new rule to extend regulatory power over all tobacco products News
FDA finalizes new rule to extend regulatory power over all tobacco products

[JURIST] The US Food and Drug Administration (FDA) on Thursday announced [press release] the finalization of a new rule that extends its regulatory power to all tobacco products, including e-cigarettes, cigars and more. The new rule reportedly strengthens the implementation of the Family Smoking Prevention and Tobacco Control Act of 2009 (TCA) [text] and helps the FDA enforce regulations such as prohibiting the sale of any tobacco product to minors to boost the health and safety of the nation. Health and Human Services Secretary Sylvia Burwell stated, “[t]oday’s announcement is an important step in the fight for a tobacco-free generation—it will help us catch up with changes in the marketplace, put into place rules that protect our kids and give adults information they need to make informed decisions.” In making the announcement, the FDA reported that tobacco is the leading cause of preventable diseases and accounts for 480,000 deaths a year. The new rule will require all tobacco manufacturers, importers and retailers to conform to the TCA, which as been enforced by the FDA since 2009.

Increased regulation of smoking has been seen throughout the world. This week the EU Court of Justice [official website] upheld [JURIST report] rules that will require health warnings to cover 65 percent of a cigarette pack. In 2014 the Supreme Administrative Court of Thailand approved a new regulation requiring packs of cigarettes sold in the Southeast Asian country to be 85 percent covered with graphic health warnings [JURIST report]. In 2012 the High Court of Australia upheld [JURIST report] a law that requires cigarette packages to display graphic images warning of the dangers of smoking and bans brand logos. In the US, there has also been debate over the constitutionality of graphic cigarette warning labels. The US Court of Appeals for the District of Columbia Circuit [official website] struck down [JURIST report] graphic warnings in August 2012, holding that the FDA rule on graphic cigarette label warnings exceeded the agency’s statutory authority and undermined tobacco companies’ economic autonomy.