FDA Provision

When In Effect

No direct or indirect claims of reduced risk allowed in any advertising, marketing or labeling of any existing or new cigarettes or smokeless products without prior FDA permission (does not apply to “light,” “low,” “mild” and similar descriptors).

6/22/09

Federal Cigarette Labeling & Advertising Act preemption of state restrictions on the time, place, and manner of cigarette advertising eliminated.

6/22/09

Prohibition of “light,” “low,” “mild,” and all similar descriptors in all advertising, labeling and marketing of any new cigarettes and smokeless tobacco products or brands.

7/22/09

FDA given authority to restrict or prohibit tobacco product advertising and marketing to promote public health.   

6/22/09

FDA given authority to issue product standards to promote public health that could eliminate or reduce certain ingredients or byproducts of tobacco products.

6/22/09

FDA entitled to request industry documents related to any relevant past research, by the industry or in the industry’s files relating to tobacco product ingredients, constituents, impacts; actual or potential harm reduction technologies; or marketing.

6/22/09

FDA given authority to access records of any tobacco industry participant in order to investigate and combat illicit trade, smuggling or counterfeiting of tobacco products.

6/22/09

Tobacco product manufacturers and distributors required to notify the government if they have any knowledge that a tobacco product has been distributed without payment of applicable duties or taxes or otherwise diverted into illicit trade.

6/22/09

Illegal to make any express or implied statement or representation in tobacco product labeling or advertising or through the media that would mislead the consumers to believe the tobacco product is approved or endorsed by FDA; that FDA deems the product safe for use; or that the tobacco product is safe or less harmful by virtue of being regulated by FDA or being in compliance with FDA regulatory requirements.

6/22/09

All artificial or natural characterizing flavors other than tobacco or menthol banned from all cigarettes and their component parts.

9/20/09

Beginning of User Fee Collection From Tobacco Industry: FDA will be funded through user fees assessed on tobacco companies.  First year collections will begin on or after October 1, 2009. 

10/1/09

Companies provide FDA list of ingredients and additives by brand and quantity as well as all new internal documents related to health, toxicological, behavioral or physiologic effects of current or future products, their constituents, ingredients or components

12/19/09

Publication of FDA Final Rule restricting the marketing and sale of cigarettes and smokeless tobacco products, including new federal prohibition on sales to persons younger than 18 with enhanced enforcement (effective date of 6/22/2010).

By 3/19/10

Prohibition of “light,” “low,” “mild,” and all similar descriptors in all advertising, labeling and marketing of existing cigarettes and smokeless products.

6/22/10

Larger, stronger warning labels required on all smokeless tobacco packages and in advertisements

6/22/10

FDA Rule implemented:  No vending machine sales or self-service displays of cigarettes or smokeless tobacco except in adult-only facilities

6/22/10

FDA Rule: All cigarette and smokeless advertising must be black text on white background only – with all audio ads only spoken words with no sound effects or music – except in adult-only facilities and in magazines with less than 15% or fewer than 2 million youth readers

6/22/10

FDA Rule: No branded product tie-ins (e.g., T-shirts) with purchases of cigarettes or smokeless tobacco products

6/22/10

FDA Rule: No sales of cigarettes in packages of fewer than 20 cigarettes.

6/22/10

FDA Rule: No outdoor cigarette or smokeless advertising within 1000 feet or schools, parks or playgrounds.*

6/22/10

FDA Rule: No branded sponsorships of athletic or cultural events by cigarette or smokeless manufacturers, distributors or retailers

6/22/10

FDA Rule: No free samples of tobacco products, except free samples of smokeless allowed in adult-only facilities in certain restricted situations.

6/22/10

FDA shall publish an action plan to enforce restrictions on promotion and advertising of menthol and other cigarettes to youth

By 10/1/10

FDA shall establish the Tobacco Product Scientific Advisory Committee.  Once established, it must take the following actions:
-- Within 12 months: must issue report on menthol cigarettes impact on public health, especially among youth, African Americans, Hispanics, and other racial and ethnic minorities;
-- Within 24 months: must issue report on dissolvable tobacco products on public health, especially among youth.

No Later than 10/1/10

New Product Review: Any new products introduced or modified after February 15, 2007, are subject to review as either a “new product” or as “substantially equivalent” to existing products.  Current products must submit documentation within 30 months.  Beginning 30 months after the date of enactment, all such products must first be submitted to FDA for review prior to being placed on the market.

Covers new products introduced after Feb. 15, 2007

FDA must publish regulations requiring larger, graphic warning labels for cigarette ads and  that cover top half of front and back of all cigarette packages (effective 15 months later).

By 6/22/11

FDA shall establish a list of harmful and potentially harmful constituents, including smoke constituents – and shall publish the list in a non-misleading format one year later.

By 4/1/12

FDA must issue regulations to prevent the sale of tobacco products to youth via Internet, mail-order or other non-face-to-face sales.

By 10/1/12