Regulating under the Family Smoking Prevention and Tobacco Control Act: A discussion of opportunities and concerns

Federal, state, and local government collaboration is essential to protecting the American public from the harmful effects of secondhand cigarette smoke. The Family Smoking Prevention and Tobacco Control Act of 2009 (FSPTCA) creates the potential for a promising, effective, and robust partnership among all levels of government for the advancement of public health. The Act provides the Food and Drug Administration (FDA) with the authority to promulgate rules and regulations relating to, among other things: cigarette components, smokeless tobacco products, youth access, and tobacco products' labeling and advertising. A critical understanding of the ways in which these regulations affect the tobacco policy landscape are essential to shaping the next steps in the field.

By the time APHA meets in 2010, the FDA is likely to have promulgated regulations pursuant to the FSPTCA, and the issues will be ripe for discussion. Among the anticipated criticisms and concerns of the new regulations are how the FDA will serve an effective role in nationwide tobacco prevention and control; what constitutes the proper scope and intensity of its power; and how can the FDA best utilize its authority in conjunction with state and local tobacco control efforts. Others have questioned whether the FSPTCA and the new FDA regulations go far enough. This presentation will describe the newly promulgated FDA regulations; discuss their impact on tobacco control at the national, state, and local levels; and address the aforementioned criticisms and concerns.