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U.S. Department of Health and Human Services

Tobacco Products

Clarification About Dissolvable Tobacco Products

FDA responds to requests for clarification about the authority FDA has to regulate dissolvable tobacco products:

  • The Tobacco Control Act gives FDA authority over the manufacture, distribution and marketing of cigarettes, cigarette tobacco, roll-your-own tobacco and smokeless tobacco products.
  • Smokeless tobacco products can include dissolvable tobacco products, and are currently subject to FDA regulation.
  • FDA has communicated with the tobacco industry several times about dissolvable products (February 1, 2010 and Public Dockets).
  • Other novel tobacco products are also subject to the requirements of the Tobacco Control Act if they meet the definition of a cigarette, cigarette tobacco, roll-your-own tobacco, or smokeless tobacco under the Act. 
  • FDA has the authority to deem other tobacco products subject to the requirements of the Tobacco Control Act--and may do so by regulation.