On April 25, FDA announced a proposed rule to bring electronic cigarettes (e-cigarettes) under the regulatory authority of the Center for Tobacco Products. The Family Smoking Prevention and Tobacco Control Act immediately subjected cigarettes and smokeless tobacco to FDA regulation, but Congress also gave FDA authority to "deem" other products subject to FDA regulation. FDA's latest proposal exercises that authority and would subject additional products, such as certain e-cigarettes, gels, cigars, and pipe tobacco, to FDA regulation because they meet the statutory definition of "tobacco products." As an initial matter, the proposal would prohibit the sale of such products to individuals under the age of 18 and require the display of health warnings on product packaging and in advertisements. Accessories of tobacco products would not be regulated under the proposal. Comments are due July 9.
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