FDA law, as passed by Congress in 2009, allows the agency to extend tobacco regulations to other tobacco products, including cigars and pipe tobacco. Currently, the FDA only regulates cigarettes, roll-your-own tobacco and smokeless tobacco products.
On April 25, 2011, the FDA issued a letter stating its intent to propose regulations on other tobacco products, such as cigars and pipe tobacco. The letter went on to state that these regulations may include company registration, product listing, ingredient listing, good manufacturing practice requirements, user fees for certain products and premarket review requirements for new tobacco products and modified risk tobacco products.
Subsequent to the April 2011 announcement by the FDA, industry trade groups representing cigar and pipe tobacco manufacturers have made presentations to FDA staff on the uniqueness of these tobacco products and the agency has not yet issued any proposed regulations for these products. In particular, NATO provided the FDA with recent national survey data, which shows that from 2009 to 2010, pipe tobacco use among youth under the age of 18 declined 30% from .9% of minors to just .6% of minors. This further reduction in pipe tobacco usage demonstrates that the issue of minors using pipe tobacco is almost non-existent.
The FDA does not have any time frame or deadline by which any proposed regulations on these tobacco products would be issued for public comment. In fact, the FDA might, but is not required to, extend its regulatory authority to cigars and pipe tobacco.
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