Regulation and Products

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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
California

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
National

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
California

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

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

High rates of menthol cigarette use is the result of deliberate actions by the tobacco industry to target certain populations. Decades of tobacco industry documents show how the tobacco industry targeted Black Americans, as well as LGBTQ+ and low-income communities with menthol cigarettes.

Cigars are tobacco wrapped in tobacco leaf or wrapped in a substance containing tobacco leaf. They can come in all shapes and sizes. One study found that the sales of cigarillos - which comprise most cigar sales - increased from 2016 to 2020 while their prices decreased. Lower prices can make tobacco products more attractive to youth because they are price sensitive. The study also found a significant increase in the sales of certain flavored cigarillos and large cigars.

Among adults who currently smoke cigars, those who used flavored products were more likely to be non-Hispanic Black individuals, younger, and have lower household incomes.