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FDA: Candy and Fruit Flavored Cigarettes Now Illegal in United States

Publish date: Sep 29, 2009

The U.S. Food and Drug Administration announced today a ban on cigarettes with flavors characterizing fruit, candy, or clove. The ban, authorized by the new Family Smoking Prevention and Tobacco Control Act, is part of a national effort by the FDA to reduce smoking in America. Smoking is the leading preventable cause of death in America.

The FDA's ban on candy and fruit-flavored cigarettes, effective today, highlights the importance of reducing the number of children who start to smoke, and who become addicted to dangerous tobacco products.

The FDA is also examining options for regulating both menthol cigarettes and flavored tobacco products other than cigarettes.

"Almost 90 percent of adult smokers start smoking as teenagers. These flavored cigarettes are a gateway for many children and young adults to become regular smokers," said FDA Commissioner Margaret A. Hamburg, M.D.

"The FDA will utilize regulatory authority to reduce the burden of illness and death caused by tobacco products to enhance our Nation's public health."

Flavors make cigarettes and other tobacco products more appealing to youth. Studies have shown that 17 year old smokers are three times as likely to use flavored cigarettes as smokers over the age of 25.1

"Flavored cigarettes attract and allure kids into lifetime addiction," said U.S. Department of Health and Human Services Assistant Secretary for Health Howard K. Koh, M.D., M.P.H.

"FDA's ban on these cigarettes will break that cycle for the more than 3,600 young people who start smoking daily."

The FDA is taking several steps to enforce the ban. A letter recently sent to the tobacco industry provided information about the law, and explained that any company who continues to make, ship or sell such products may be subject to FDA enforcement actions.

The FDA has also made available today an advisory to parents on the risks associated with flavored tobacco products.

"Youth are twice as likely to report seeing advertising for these flavored products as adults are," said Dr. Joshua Sharfstein, a pediatrician and the FDA Principal Deputy Commissioner.

"Marketing campaigns for products with sweet candy and fruit flavors can mislead young people into thinking that these products are less addictive and less harmful."

The FDA encourages consumers to report continuing sales of flavored cigarettes through a special tobacco hotline (1-877-CTP-1373) and Web site(www.fda.gov/flavoredtobacco).

Parents and consumers can learn more about the risks of flavored tobacco products at www.fda.gov/.

MORE INFORMATION:

In its first major action under the Family Smoking Prevention and Tobacco Control Act, the FDA today announced the ban on flavored cigarettes (see news release below). There are a number of useful documents on the Tobacco Product Center website at: http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/FlavoredTobacco/default.htm

These documents include:

•General Questions and Answers on the Ban which describes exactly which products are covered by the ban. These include products, even if they are not labeled as cigarettes, if they are "are likely to be offered to, or purchased by, consumers as cigarettes."

This is designed to address those cigarettes that have been repackaged as "little cigars" in an attempt to avoid excise taxes and/or the ban on flavors.

http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/FlavoredTobacco/ucm183228.htm

•A letter to tobacco control groups which includes information on how to report violations of the ban to the FDA's Center on Tobacco Products:

http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/FlavoredTobacco/ucm183199.htm

Violations can be reported:

By phone at 1-877-CTP-1373

Online at www.fda.gov/flavoredtobacco

By mail addressed to: Center for Tobacco Products 9200 Corporate Boulevard Rockville, Maryland 20850-3229

This is an important opportunity for you to provide FDA with information that the agency can only get from those of you working on the front lines of tobacco control.

Reporting violations of the law is crucial and will allow FDA to successfully enforce the Act.

In addition, the activities involved with collecting and reporting violations could provide you with a good opportunity to reengage your coalitions, identify new potential partners and work with your youth groups.

•A flavored tobacco fact sheet which includes the agency's plans on other flavored products.

According to the FDA, "Under the Family Smoking Prevention and Tobacco Control Act, the sale of cigarettes containing any characterizing flavors other than menthol will be illegal as of September 22, 2009.

The Food and Drug Administration (FDA) is currently examining options for regulating both menthol cigarettes and flavored tobacco products other than cigarettes." http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/FlavoredTobacco/ucm183198.htm

•A fact sheet for parents on flavored cigarettes: http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/FlavoredTobacco/ucm183196.htm