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U.S. Department of Health and Human Services

Tobacco Products

FY 2010 FDA Awards State Contracts to Enforce Tobacco Control Act (June 2010)

The U.S. Food and Drug Administration (FDA) Center for Tobacco Products – charged with implementing the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) with the goal of reducing the tremendous toll of disease and death caused by tobacco use – today announced the first in a series of compliance and enforcement contract awards to two states. 

“States and U.S. Territories have crucial roles to play in reducing tobacco use by children and adolescents,” said Lawrence R. Deyton, M.S.P.H., M.D., director of the FDA’s Center for Tobacco Products.  “Accordingly, the Tobacco Control Act authorizes FDA to contract with States and U.S. Territories to assist with compliance and enforcement activities to help limit the availability of tobacco products to young people.  That is why we are pleased that several states will shortly begin assisting FDA in efforts to enforce the law, and we are hopeful that we will be able to partner with all of the states in the coming months.”

For FY2010, the first round of contracts were awarded to the following states in FDA’s Northeast Region:

  • Maine
  • Massachusetts

These states will hear from FDA shortly about certain activities, including the formal commissioning of state officials and the subsequent training program, that will be required before enforcement actions can commence.

The Tobacco Control Act gives FDA new authority to regulate the manufacture, marketing, and distribution of tobacco products to protect the public health, and FDA is moving rapidly to implement the provisions of the law.  Some of the most important early requirements of the Tobacco Control Act require FDA to restrict the sale and promotion of cigarettes and smokeless tobacco products to protect children and adolescents from their harmful effects.

On March 23, 2010, FDA published its initial competitive Request for Proposals (RFP) to States and U.S. Territories to launch this program to assist with enforcing and implementing the regulation of the Tobacco Control Act.  All proposals were evaluated in accordance with the evaluation factors listed in the RFP and received a complete and thorough review.  Additional contracts will be awarded on an ongoing, regional basis, throughout the end of this fiscal year.   FDA expects to issue another solicitation to States and U.S. Territories in FY 2011 for similar enforcement activities.  In the future, FDA has the goal of establishing a contract with every U.S. State and Territory that wants to assist FDA with enforcement activities and can demonstrate its ability to do so.