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Five Federal Tobacco Actions to Monitor in 2016

Center for Tobacco Products: Deeming, Modified Risk and More

The most publicized national tobacco action expected in 2016 are the final deeming regulations from the U.S. Food and Drug Administration (FDA). But we’re also still waiting on the agency’s Center for Tobacco Products to address Swedish Match’s modified-risk tobacco product application, warning letters sent to multiple cigarette manufacturers over the use of “natural,” and an advance notice of proposed rulemaking on e-liquids.

FTC: E-Cig Ad Ban

When it comes to advertising, legislative power actually lies with the Federal Trade Commission (FTC), not the FDA. In October 2015, the FTC announced it would conduct a study on the sales and marketing of electronic cigarettes, the first step in restricting—or outright banning—e-cig TV, radio or print ads.

FDA: Unified Nicotine Policy

Mitch Zeller, director of the Center for Tobacco Products, has repeatedly brought up the need for a conversation on how agencies within the FDA treat nicotine—specifically, when products should be classified as tobacco products vs. therapeutic products. In fact, a cross-center nicotine policy has been published as a strategic priority for the FDA.

Congress: Extending the Grandfather Date

While the FDA’s deeming regulations will likely require e-vapor products to submit a premarket tobacco product application (PMTA), Congress is fighting back. House leaders have sent a letter to the Department of Health and Human Services requesting the substantial-equivalence deadline be pushed back, and the House and Senate both proposed bills to exempt products already on the market from the PMTA requirement.

White House: One Final Tobacco Tax?

During his first year in office, President Obama successfully passed a 62-cents-per-pack increase in the federal cigarette excise tax. For the past three years, the president has tried—and failed—to tack on an additional 94 cents. There’s little doubt he will try again in 2016; will it pass in his final year?

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