FDA Claims Jurisdiction Over All Tobacco Products

Law360, New York (August 5, 2016, 12:48 PM EDT) -- On May 10, 2016, the U.S. Food and Drug Administration published its final rule extending the agency's regulatory jurisdiction over tobacco products to regulate e-cigarettes and certain other noncigarette tobacco products, such as vape pens, all cigars, pipe tobacco and hookah products. In adopting the rule, the FDA is extending its "tobacco product" authority to cover all categories of products that meet the statutory definition of "tobacco product" and will enforce new regulations covering the advertising of tobacco products that have historically not been covered by the existing prohibition on advertising cigarettes and smokeless tobacco on television and radio stations. While the rule will become effective on Aug. 8, 2016, tobacco product retailers, manufacturers, importers and distributors will generally have until May 10, 2018 to come into full compliance with the new advertising health warnings and packaging requirements for newly-covered tobacco products....

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