Cigar Rule Coming

NATO: FDA seeking to regulate cigars

MINNEAPOLIS -- This week, the U.S. Food & Drug Administration (FDA) has published a notice in the Federal Register that the agency intends to adopt a rule that would subject cigars to the regulations under the Family Smoking Prevention & Tobacco Control Act passed by Congress and which took effect in June 2009, the National Association of Tobacco Outlets (NATO) said in the latest issue of the NATO E-News Bulletin. This law already allows the FDA to regulate cigarettes, roll-your-own and smokeless tobacco products under the FDA regulatory law.

The [image-nocss] notice published by the FDA this week reads:

Legal Authority: 21 USC 301, The Federal Food, Drug & Cosmetic Act; PL 111-31, The Family Smoking Prevention & Tobacco Control Act.

Abstract: The Family Smoking Prevention & Tobacco Control Act (the Tobacco Control Act) provides FDA authority to regulate cigarettes, cigarette tobacco, roll-your-own tobacco and smokeless tobacco. Section 901 of the Federal Food, Drug & Cosmetic Act, as amended by the Tobacco Control Act, permits FDA to issue regulations deeming other tobacco products to be subject to the Tobacco Control Act. This proposed rule would deem cigars to be subject to the Tobacco Control Act and include provisions to address public health concerns raised by cigars.


Under Section 901 of the FDA law, the agency has the power to extend regulations to other tobacco products. Specifically, Section 901(b) states:

Sec. 901(b) APPLICABILITY.This chapter shall apply to all cigarettes, cigarette tobacco, roll-your-own tobacco and smokeless tobacco and to any other tobacco products that the Secretary by regulation deems to be subject to this chapter.

This notice issued by the FDA means that sometime in June 2010 the agency will issue a proposed rule regarding the regulation of cigars and allow the public to submit comments to the rule. NATO said that itintends to submit comments to the FDA after the proposed rule has been published in June.

Minneapolis-based NATO is a national retail trade association that focuses exclusively on state and federal tobacco legislative issues and leads the fight for all tobacco interests in the United States.