Note: On December 20, 2019, the President signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years. It is now illegal for a retailer to sell any tobacco product – including cigarettes, cigars and e-cigarettes – to anyone under 21. FDA will provide additional details on this issue as they become available.
The Tobacco Control Act and related regulations give FDA tools to help keep tobacco out of the hands of America’s youth. But you also have an opportunity to play a key role. The public is crucial in helping FDA enforce tobacco regulations to protect America’s youth.
What Is a Potential Tobacco Product Violation?
Potential tobacco product violations include (but are not limited to):
- Sales to minors
- Flavored cigarette sales
- Illegal marketing and advertising – The Tobacco Control Act gives the FDA the ability to regulate certain marketing and advertising activities by the tobacco industry, including:
- Describing tobacco products as “light,” “mild,” or “low” – or claiming a product is safer or less harmful without an FDA order
- Distributing t-shirts or other promotional or novelty items with brand names of cigarette or smokeless tobacco products
- Sponsoring events using the brand name of a tobacco product
- Distribution of free samples of tobacco products except in limited circumstances
- Placement of cigarette or smokeless tobacco product vending machines in prohibited areas (or providing access to self-service or direct access of tobacco products in prohibited areas)
- Sale of cigarettes in packages of less than 20
If you see what you believe to be a violation of the Tobacco Control Act or other related regulations, you can:
- Submit online: Online Form
- Call the Tobacco Call Center using CTP's toll-free number: 1.877.CTP.1373
- Send an email: CTPCompliance@FDA.hhs.gov
- Print and mail:
Paper form to
Potential Tobacco Products Violation Report
Food and Drug Administration
Center for Tobacco Products
Office of Compliance and Enforcement
Document Control Center
Building 71, Room G335
10903 New Hampshire Avenue
Silver Spring, MD 20993
What Happens When I Submit a Potential Violation?
FDA will evaluate any report submitted to determine if the activity is a violation of the Tobacco Control Act or related regulations. Before deciding what follow-up action, if any, is necessary, we will check to see if the product named in the complaint is regulated by FDA. If the product is regulated by a different federal or state agency, or different part of FDA, we will forward the complaint to the applicable entity for review.
FDA does not rely solely on what was submitted to take enforcement action. After reviewing a complaint, our investigation may include:
- performing an inspection of a tobacco product manufacturer, distributor, or importer;
- conducting a compliance check inspection of a tobacco retailer; or
- initiating monitoring and surveillance of a tobacco product manufacturer’s or retailer’s website.
FDA may determine that there is no evidence of a violation, or we may find evidence of the reported violation or of other potential violations that requires additional surveillance, monitoring, and/or inspections.
Privacy and Anonymity
Children's Privacy: FDA will not collect or store information from children under 13. If a child sends us an email inquiry or comment, we will answer it and then delete the email from our files.
- Tobacco Control Act
- Small Business Assistance for the Tobacco Product Industry
- Help FDA Keep Kids from Using Tobacco
- Report a Problem with a Tobacco Product
1. U.S. Department of Health and Human Services (USDHHS). The Health Consequences of Smoking - 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health; 2014.