FDA Update on Tobacco Products – April 7, 2010

More “good” news from our friends at FDA.  Cigarette or smokeless tobacco sales to minors have been and already are illegal.  I guess the message isn’t getting through to “the children”.  Is it the American educational system, poor parenting, or can the kids just not hear the message because they are listening to music on their iPods?

Whatever the cause, Big Government to the rescue!  All I see is a lot of money being squandered, new Government Jobs, and another series of kicks at the Free Market.  Here is what FDA did for the children and to American tax-payers; tobacco using and non-using alike.

Welcome to Amerika 2010.

FDA Center for Tobacco Products Update dated 7 April, 2010

FDA Center for Tobacco Products (CTP) intends to provide regular updates to inform Congress and the public on its progress in implementing the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act). This summary does not contain all actions taken by CTP.

FDA Issued Final Rule Restricting Access and Marketing of Cigarettes and Smokeless Tobacco Products to Youth

In March, FDA issued a final rule containing a broad set of federal requirements designed to significantly curb access to and the appeal of cigarettes and smokeless tobacco products to children and adolescents in the United States. Published March 19, 2010, the new regulations become effective on June 22, 2010, and have the force and effect of law.

Titled Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents, the rule restricts the sale, distribution, and marketing of these products to make them less accessible and less attractive to kids. Among other things, the rule prohibits the sale of cigarettes or smokeless tobacco to people younger than 18, prohibits the sale of cigarette packages with fewer than 20 cigarettes, prohibits distribution of free samples of cigarettes, restricts distribution of free samples of smokeless tobacco, and prohibits tobacco brand name sponsorship of any athletic, musical, or other social or cultural events. The entire rule can be found at www.fda.gov/protectingkidsfromtobacco2.

CTP took several important steps to publicize the new rule and engage stakeholders, including establishing a special Web site section designed to help protect kids from tobacco by providing information to consumers, industry, and health professionals about the new rule such as:

* Answers to anticipated questions most frequently asked by retailers, consumers, and others about the restrictions under the new regulations
* Consumer and retail factsheets
* Protecting Kids From Tobacco Web buttons, which give people an opportunity to put a graphic element on their Web sites, blogs, or social networking sites to share information about FDA’s new regulations
* Holding a media briefing and issuing a press release
* Issuing a letter to retailers about the new rule and outlining the role retailers play in protecting children and adolescents from the risks associated with using tobacco products

FDA Issued Advance Notice of Proposed Rulemaking for Outdoor Ads

FDA issued an Advance Notice of Proposed Rulemaking (ANPR) to obtain information including comments, data, research, or other information related to the regulation of outdoor advertising of cigarettes and smokeless tobacco.

Issued Request for Proposals for Enforcement

On March 23, 2010, FDA published a Request for Proposals (RFP) solicitation for States or U.S. Territories to enforce certain provisions of the Tobacco Control Act and implementing regulations. Each State or U.S. Territory interested in submitting a proposal for these competitive contracts must identify a single agency within its jurisdiction, with enforcement authority, whose employees would be commissioned and trained to conduct FDA inspections at retail establishments. Examples of appropriate agencies may include: public health departments, attorneys general offices, law enforcement agencies, and food and drug agencies.

Many of the provisions for which FDA will contract with the States and U.S. Territories to enforce will take effect on June 22, 2010. Interested States and U.S. Territories must submit their proposals to FDA by 4 p.m. on April 27, 2010. This is the FDA  RFP solicitation. The solicitation number is FDA-10-Tobacco.

FDA Launched CTP Call Center for Tobacco Product Inquiries: 1-877-CTP-1373

On March 19, 2010, FDA launched the CTP Call Center to ensure timely and accurate responses to a broad array of questions from the public and all other stakeholders.

Convened the Tobacco Products Scientific Advisory Committee

FDA held the first meeting of the Tobacco Products Scientific Advisory Committee on March 30-31. It focused on the public health impacts of the use of menthol in cigarettes as it relates to the demographics of users, preferential use by persons initiating tobacco use, and the effects of menthol on addiction and cessation.

To publicize the meeting, CTP issued a Federal Register Notice and press release in addition to posting meeting information on the FDA Advisory Committee Web site.   FDA also webcast the TPSAC meeting to make it more open and transparent to all stakeholders. The webcast is archived and available. 

Opened Public Docket for Comment on the Impact of Dissolvable Tobacco Products Use on Public Health

In March, FDA established a public docket to provide an opportunity for interested parties to share information, research, and ideas on how the use of dissolvable tobacco products may impact public health, including the health of children. This information will be used to support the work of the Tobacco Products Scientific Advisory Committee (TPSAC), which is charged with evaluating this issue. For more information, visit the FDA tobacco products public dockets page.