Labeling and advertising restrictions under the Federal Food, Drug & Cosmetic Act (FD&C Act) and its implementing regulations are outlined below.
When Do I Need To Comply?
For newly-regulated tobacco products, FDA has provided a compliance period for certain labeling and advertising requirements:
- Stop distributing products with modified risk claims, i.e., "light," "low," or "mild," or similar descriptors by September 8, 2017, unless you have a Modified Risk Tobacco Product order in place.
- Summary of deeming related provisions
- Chart on compliance and effective dates
The FD&C Act prohibits the sale or distribution of:
- Tobacco products with labeling or advertising that is false or misleading.
- Modified risk tobacco products (MRTP), including those labeled or advertised with the terms "light," "low," "mild" or similar descriptors, or other modified risk claims, without an FDA order in effect.
Labeling and Warning Statement Requirements
Labeling and warning statement requirements for packages and advertisements, including:
- Cigar Labeling and Warning Statement Requirements
- Cigarette Labeling and Warning Statement Requirements
- Roll-Your-Own/ Cigarette Tobacco Labeling and Warning Statement Requirements
- Smokeless Tobacco Labeling and Warning Statement Requirements
- "Covered" Tobacco Products Labeling and Warning Statement Requirements, including products such as:
- Hookah (Waterpipe) Tobacco
- Pipe Tobacco
- Vaporizers, E-Cigarettes, and other Electronic Nicotine Delivery Systems (ENDS)
- Dissolvables (that do not meet the smokeless definition)