Regulation and Products


In 2009, we won a hard-fought campaign that led to Congress passing a law granting the U.S. Food and Drug Administration (FDA) the authority to regulate all tobacco products, including cigarettes, e-cigarettes, cigars and hookah. Yet, it took the FDA seven years to begin their oversight of many of these products with much more work left to be done. 

Recent spikes in the use of e-cigarettes makes clear that more must be done to regulate tobacco products and the industry's deceptive marketing practices.  We are working to ensure the government fully leverages the regulatory power it now possesses to protect children and adults. 

Tobacco use costs our nation nearly $300 billion in health care and productivity losses each year.

Latest Updates

July 26, 2022

Today, the U.S. Court of Appeals for the DC Circuit ruled in favor of the U.S. Food and Drug Administration (FDA) in the case of Prohibition Juice v. FDA, upholding the agency’s marketing denial orders (MDOs) for the manufacturer’s flavored e-cigarette products.

July 25, 2022

Starting July 25, tobacco retailers in Sacramento County are required to end the sale of all flavored tobacco products – including menthol cigarettes, e-cigarettes and flavored shisha.

July 18, 2022

The U.S. Court of Appeals for the Fifth Circuit ruled in favor of the U.S. Food and Drug Administration (FDA) in the case of Triton Distribution v. FDA, upholding the agency’s marketing denial order ( MDO) for Triton’s flavored e-cigarette products. 

July 11, 2022

San Diego, Calif . – Starting this week, on July 14, tobacco retailers in San Diego County will start paying a licensing fee that will fund and ensure strong enforcement of the tobacco retail license ordinance that took effect in July 2021. The measure requires annual permits, as well as

Regulation and Products Resources

The U.S. Secretary of Health and Human Services (HHS), U.S. Surgeon General, and Commissioner of the Food and Drug Administration (FDA) have all declared youth e-cigarette use to be an epidemic. E-cigarettes are the most used tobacco product among youth and, like any tobacco product, are unsafe. E-cigarette use is also most common among younger adults. Action is urgently needed to reverse these dangerous trends.

The undersigned organizations write to express our concern that FDA has yet to issue any decisions on applications for marketing orders for menthol-flavored e-cigarettes or e-liquid products. We believe granting any such orders would be inconsistent with the agency’s marketing denial orders for other non-tobacco flavored products and would be harmful to public health, particularly to the health of young people.

While overall smoking rates have declined in recent years, smoking rates remain higher among specific subpopulations, including the LGBTQ+ community. These differences are in large part due to the tobacco industry’s targeted marketing through advertising, price discounting and other strategies.