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FDA Issues Strong Regulation Finalizing Authority over All Tobacco Products

Final Rule Takes Critical Step to Protect Kids from E-Cigarettes and Cigars, Strong Regulations Still Needed on Flavors, Advertising

May 5, 2016

WASHINGTON, D.C. -- May 5, 2016 -- The Food and Drug Administration (FDA) today issued the final deeming regulation on all tobacco products, including electronic cigarettes, cigars, and hookah. The rule takes effect in August 2016.

A statement from Chris Hansen, president of the American Cancer Society Cancer Action Network (ACS CAN), follows:

"We 're particularly pleased that the FDA decided to regulate increasingly popular tobacco products such as cigars, electronic cigarettes and hookah. In addition, we 're also encouraged that the FDA decided to regulate so-called premium cigars as these products pose no less health risk than other cigars.

"This important final regulation puts several strong provisions in place that will serve to protect the public health and rein in an unscrupulous industry. Tobacco companies are no longer able to deceive the public with any unproven health claims, such as 'light ' or 'mild, ' or hand out free samples of their products. The rule also prevents the tobacco industry from using delays in premarket application reviews to keep their products on the market indefinitely without a marketing order from FDA.

"Additionally, the industry is required to place warning labels on their products and advertisements, and retailers may no longer sell any tobacco products to those under the age of 18. These provisions, among others in effect as of today, are critical for keeping tobacco products out of the hands of kids and helping people quit.

"It is essential that the FDA act quickly to rein in unfettered marketing and prohibit flavorings of all dangerous tobacco products. While we are encouraged the FDA is reviewing the inclusion of characterizing flavorings in cigars, we believe similar action is needed for other tobacco products such as e-cigarettes and hookah. While this regulation represents an important step forward, the FDA must now use the full force of its authority to maximize our potential to reduce tobacco 's deadly impact. Now we have the opportunity to move this forward in the best interest of the public 's health.

"The FDA should immediately take action to address flavorings attractive to youth in all products and the egregious industry marketing practices. In these ensuing seven years following passage of the Tobacco Control Act, the tobacco industry has taken full advantage to exploit the lack of regulations on these issues. These tactics have included marketing small flavored cigars and targeting youth with e-cigarette advertising, promotions and flavorings that have dramatically increased their use.

"We've made significant progress in reducing cigarette smoking rates, educating Americans about the harms of tobacco use and shifting social norms to de-glamorize smoking in the 50 years since the Surgeon General 's first Report on Smoking and Health. Yet, there are more than 45 million adult and youth tobacco users in the U.S. and tobacco use remains the largest preventable cause of disease and death in this country.

"Additional strong, meaningful regulations without administrative delays are crucial if we 're going to save lives, keep kids from starting lifelong, deadly addictions and end the scourge of tobacco on the American people in our lifetime. The health of the nation will continue to suffer the consequences of any further delay in implementing a law intended to protect public health."

ACS CAN, the nonprofit, nonpartisan advocacy affiliate of the American Cancer Society, supports evidence-based policy and legislative solutions designed to eliminate cancer as a major health problem. ACS CAN works to encourage elected officials and candidates to make cancer a top national priority. ACS CAN gives ordinary people extraordinary power to fight cancer with the training and tools they need to make their voices heard. For more information, visit www.fightcancer.org.

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FOR MORE INFORMATION, CONTACT:
Jill Courtney or Alissa Crispino
American Cancer Society Cancer Action Network
Phone: (202) 585-3278 or (202) 661-5772
Email: [email protected] or [email protected]