The FDA said it will continue its enforcement efforts at the retail end with a focus on products that have not submitted PMTA

According to the American Association of Tobacco Specialty Stores (NATO), Brian King, director of the FDA’s Center for Tobacco Products (CTP), reiterated the FDA’s previous statement during a speech at the Colorado Smoker-Friendly Tobacco Conference. It said it will continue enforcement at the retail end, focusing enforcement resources on products that have not been submitted for PMTA.

He highlighted current and possible upcoming FDA tobacco regulations, emphasizing that “after February 15, 2007, the FDA authorized the sale of only 45 tobacco products, including 23 e-cigarette products.” He emphasized that compliance inspections of tobacco retailers will continue to be strengthened, and that the FDA will continue to focus its enforcement resources on products that have not submitted PMTA, products for which the FDA has issued a Marketing Denial Order (MDO), and flavored e-cigarettes (other than tobacco or menthol flavors) that do not prevent them from attracting youth.

Director King’s presentation focused on the FDA’s current tobacco regulations and possible upcoming regulations.

While the FDA has previously publicly announced that the agency plans to issue final regulations banning menthol in cigarettes and flavoring cigars sometime this August, Commissioner King said final regulations should be issued by the end of 2023.

The FDA has also previously publicly announced that the agency plans to issue new proposed regulations for public comment by the end of 2023 to set maximum limits for nicotine in cigarettes and other combustible tobacco products. However, Director King said the nicotine cap regulations will be issued sometime after the FDA issues final regulations for menthol cigarettes and flavored cigars later this year.

The FDA will continue to conduct compliance inspections of retailers to determine whether retail outlets are selling tobacco and e-cigarette products that have been denied marketing authorization by the agency or are under FDA premarket review but have not received a final denial or authorization order.