Table 1.
Timeline for FDA Enforcement for Newly Covered Tobacco Products
| FDA policy | Enforcement date |
|---|---|
| Minimum sales age of 18 and age verification under 27 | August 8, 2016 |
| Prohibition on vending machine sales except adults-only facilities | August 8, 2016 |
| Prohibition on free samples* | August 8, 2016 |
| Regulation of adulterated products | August 8, 2016 |
| Prohibition on false or misleading advertising | August 8, 2016 |
| Required premarket review of modified risk tobacco products | August 8, 2016 |
| Required disclosure of health-related documents | February 8, 2017 |
| Required registration of manufacturers and disclosure of product lists | October 12, 2017 |
| Prohibition of the use of “light,” “mild,” “low,” or similar descriptors | November 8, 2017 + 30 day sell-off period |
| Required disclosure of ingredients, substances, compounds, and additives | May 8, 2018 |
| Required warning labels | August 10, 2018 |
| Required disclosure of harmful and potentially harmful constituents | November 8, 2019 |
Requirements currently apply to cigarettes, cigarette tobacco, smokeless tobacco, and roll-your-own tobacco.
*The FDA has stated that “allowing prospective adult buyers to smell or handle one of the newly deemed products is not considered distribution of a ‘free sample’ as long as the free product is not actually consumed, in whole or in part, in the retail facility and the prospective buyer does not leave the facility with a free tobacco product.” Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Restrictions on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products; Final Rule, 81 Fed. Reg. 28,974, 29,026 (May 10, 2016) (to be codified at 21 C.F.R. pts. 1100, 1140, and 1143)).