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ACS CAN Comments to the FDA on Implementation of the Family Smoking Prevention and Tobacco Control Act

October 2, 2009

ACS CAN has submitted comments on priority issues we hope the FDA will address in the coming months as it implements the Family Smoking Prevention and Tobacco Control Act. The FDA has issued a request that interested parties submit comments by December 28, 2009.ξ The request is intended to "Š—_provide an opportunity for all interested parties to provide information and share views on the implementation of the new law."ξξ The FDA indicated particular interest "Š—_in comments on the approaches and actions the agency should consider initially to increase the likelihood of reducing the incidence and prevalence of tobacco product use and protecting the public health."

Themes Covered in the ACS CAN comments

  • Menthol: requests the Scientific Advisory Committee to comprehensively address menthol as it relates to youth initiation and health disparities and for FDA to quickly implement the CommitteeŠ—Ès recommendations
  • Dissolvable Tobacco Products: requests the Scientific Advisory Committee to address dissolvable tobacco products and their unique characteristics as it relates to youth initiation and addiction and for the FDA to quickly implement the CommitteeŠ—Ès recommendations
  • Nicotine:ξ requests the Scientific Advisory Committee to take into account nicotine levels, product design and use of additives in making recommendations to reduce the addictiveness of tobacco products and for the FDA to quickly implement the CommitteeŠ—Ès recommendations
  • Tobacco Product Ingredient and Industry Document Disclosure:ξ requests the FDA to use this information not only for product regulation, but also to assess the release of this information for the protection of public health
  • Characterizing Flavors:ξ requests the FDA to impose the same ban on characterizing flavorings in cigarettes on all other tobacco products
  • Health Claims:ξ requests the FDA to ban the use of misleading terms, as well as monitor and aggressively take action on the industryŠ—Ès use of descriptors, packaging, and advertising for use of any implied or explicit, false health claim
  • Marketing Restrictions:ξ requests the FDA to issue marketing restrictions as comprehensively as legally possible and set up a system for enforcement
  • Warning Labels:ξ requests the FDA to require warning labels that are large, graphic and implemented as quickly as possible
  • Enforcement and Infrastructure:ξ requests the FDA to set up a system of enforcement, including working with other agencies, state and local governments and nongovernmental organizations on enforcement issues pertaining to marketing restrictions, youth sales, illicit trade and any other regulations so issued