Federal Approaches to the Regulation of Noncigarette Tobacco Products

Context Under a grant funded by ClearWay MinnesotaSM and in partnership with nationally recognized experts in tobacco product regulation, the Public Health Law Center investigated how laws at every level apply, or fail to apply, to noncigarette tobacco products—also called “other tobacco products.” Evidence acquisition During the years 2010–2011, standard legal research techniques were used to identify and compile relevant statutes, regulations, decisions, pleadings, proposals, and related materials. Sources included standard commercial legal databases such as LexisNexis and Westlaw, online sources for pending rules and legislation, and direct contact with courts for legal pleadings and unpublished decisions. These legal authorities related to many aspects of the regulation, including price, flavorants, youth access, marketing restrictions, and product design of other tobacco products. Five of these products were used as case studies: dissolvable tobacco products, electronic cigarettes, little cigars, snus, and water pipes. Evidence synthesis Research during the years 2010–2011 revealed that the federal regulation of other tobacco products lags behind the regulation of more “traditional” tobacco products, such as cigarettes and moist snuff. Federal regulatory options to expand regulation of these products were identified. Conclusions The article highlights several federal policy interventions that would address gaps in the regulation of other tobacco products. The FDA must determine whether these interventions will benefit public health and, if so, to what extent—the legal criteria for intervention under the federal Family Smoking Prevention and Tobacco Control Act.