FDA Regulation of Tobacco Products: Modified Risk Tobacco Products

October 13, 2022

The Family Smoking Prevention and Tobacco Control Act (TCA) of 2009 granted the U.S. Food and Drug Administration (FDA) the authority to regulate tobacco products for the first time. The agency now has authority to regulate the manufacture, marketing, sale, and distribution of tobacco products. 

The tobacco industry has a long history of misleading the public on the harms of its products.  One of the most critical provisions of the TCA requires tobacco companies to receive a marketing order to prove the truthfulness of any claims that their product is “modified risk.”