Compliance, Enforcement & Training for Tobacco Products
On this page:
- What Compliance and Enforcement Efforts Does FDA Take to Regulate Tobacco Products?
- What Does the Tobacco Industry Need to Do to Comply with the Law?
- How Does FDA Help Retailers Comply with Tobacco Regulations?
What Compliance and Enforcement Efforts Does FDA Take to Regulate Tobacco Products?
FDA vigorously enforces the Tobacco Control Act (TCA), which provides FDA with a wide array of powerful regulatory tools to protect the health of all American families.
FDA closely monitors retailer, manufacturer, importer, and distributor compliance with Federal tobacco laws and regulations and takes corrective action when violations occur.
FDA takes a 3-pronged approach to help industry comply with the law by:
- Developing and providing compliance training and education
- Monitoring regulated industry's compliance with the law through surveillance, inspections, and investigations
- Taking action when necessary, including:
- Warning Letters
- Civil Money Penalty (CMP) Complaints
- No-Tobacco-Sale Order (NTSO) Complaints
- Seizures, Injunctions, and Criminal Prosecution
What Does the Tobacco Industry Need to Do to Comply with the Law?
To legally sell a new FDA-regulated tobacco product in the United States, you must receive a written order from FDA permitting the sale of a new tobacco product under one of three pathways to market.
In addition, any products marketed with modified risk claims must have an FDA order in effect that permits such sale or distribution.
If your product is found to be Not Substantially Equivalent (NSE), it is illegal to sell or distribute the product in interstate commerce and to import the product into the United States.
Manufacturers may not distribute any smokeless tobacco product without a required warning statement for every smokeless tobacco package and advertisement.
If you are found in violation of FDA rules and regulations, your product will be considered "misbranded" and/or "adulterated," making it illegal to sell or distribute the product in interstate commerce and to import the product into the United States. Doing so may result in FDA initiating regulatory action (e.g., seizures, injunctions).
FDA restricts the way tobacco manufacturers, retailers, and distributers can advertise and regulated tobacco products, especially marketing efforts designed to appeal to youth.
How Does FDA Help Retailers Comply with Tobacco Regulations?
Retailers play an important role in protecting the health of young people by following the law and refusing to sell regulated tobacco products to anyone under the age of 21. Find more information on our website, including:
- Retailer Education Materials
- Regulations & Guidance for Retailers
- Tobacco Retail Compliance Webinars
- Retailer Training and Enforcement
- Overview of Federal Laws and Regulations
- Misbranded and Adulterated NSE Tobacco Products
FDA Age Calculator
The FDA released a voluntary smartphone application, “FDA Age Calculator,” to help retailers comply with federal, state, and local age restrictions for selling tobacco products. With the “FDA Age Calculator,” retailers can use their personal smartphones to help determine if a customer is old enough under federal law to buy tobacco products.
- Electronic Submissions for Tobacco Products
- Reports to Congress
- Inspection database
- Establishment Registration and Tobacco Product Listing database