HomeWashington Letter2014 ▶ ATS Encourages Members to Submit Comments to FDA
ATS Encourages Members to Submit Comments to FDA

July 2014

The FDA is accepting public comments on the draft proposal to regulate all tobacco products including cigars and e-cigarettes. The proposal released earlier this year would broaden FDA authority over cigarettes to include all other tobacco products. Specifically, it proposes:

  • Prohibition of the sales of tobacco products to anyone under the age of 18.
  • Prohibition of vending machine sales (except in places where only adults have access).
  • Registration by all manufactures with FDA, including a list of all tobacco products they sell.
  • Disclosure of ingredients by manufacturers to FDA.
  • Elimination of free sampling of all tobacco products.
  • Good manufacturing practice requirements.
  • Premarket review for any "new" tobacco product.
  • Premarket review of any product wishing to make a "modified risk or harm" claim.
  • User fees for ally newly deemed products.

The ATS supports the above proposed actions, but the proposal is weak in other areas and does not:

  • Ban sweetened or candy flavored tobacco products.
  • Require childproof e-cigarette cartridges.
  • Ban Internet sales of tobacco products.

Most concerning is the "premium cigar" exemption. The proposed rule seeks comment on whether "premium cigars," which are defined as hand rolled whole leaf cigars that cost more than $10, should be exempt from any FDA regulations. The ATS strongly opposes this exemption.

To date, more than 34,000 public comments have been submitted, and the majority has been made by tobacco users who urge "premium cigar" exemption, light oversight to e-cigarette products, or both.

ATS members are encouraged to submit comments to the FDA in support of strict regulations for all tobacco products. ATS members can submit comments to FDA at regulateALLtobacco.org.

Last Reviewed: October 2017