As of today, September 22, 2009, candy and fruit-flavored cigarettes are illegal.
The FDA has begun to implement the new Family Smoking Prevention and Tobacco Control Act that gives the FDA broad authority to regulate the manufacture and sale of tobacco products.
Given the appeal of candy-like flavors to children, the FDA recognized the importance of quickly reducing access to tobacco products that were appealing to children. FDA Commissioner Margaret Hamburg stated that “almost 90 percent of adult smokers started smoking as teenagers. These flavored cigarettes are a gateway for many children and young adults to become regular smokers.”
Companies that violate the ban are subject to FDA enforcement actions. The new ban does not apply to menthol cigarettes and other flavored tobacco products, but the FDA is looking additional ways to regulate these products.
You can access a link to the FDA flavored tobacco web site at: www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/FlavoredTobacco/default.htm
Diane M. Canova
Managing Senior Fellow
& Senior Program Officer
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