Communicating Tobacco Product Information to the Public

The 2009 Family Smoking Prevention and Tobacco Control Act (TCA) requires tobacco companies to disclose information about the harmful chemicals in their products to the U.S. Food and Drug Administration (FDA). The law requires the FDA, in turn, to communicate this information to the public “in a format that is understandable and not misleading to a lay person.” But how should the FDA comply with this requirement? What does it mean for information about complex chemicals to be “understandable and not misleading to a lay person”? These questions are not easy ones to answer. Disclosures about the amount of harmful chemicals (constituents) in different tobacco products may help to inform consumers, but may also conversely prompt consumers to reach incorrect or unsupported conclusions about products’ relative health risks

Commercial Speech Law and Tobacco Marketing: A Comparative Discussion of the United States and Canada

Published by the American Society of Law, Medicine & Ethics and Boston University School of Law

Manipulative Marketing and the First Amendment

First published in The Georgetown Law Journal

The Faltering Promise of FDA Tobacco Regulation

Congress passed the Tobacco Control Act (TCA) in 2009, giving the FDA the authority to regulate tobacco products for the first time. Ten years later, the promise that the TCA’s enactment would be a transformative moment for public health has not materialized. To the contrary, the FDA’s most notable regulatory effort—requiring graphic warnings on cigarette packages and advertisements—has been struck down in court, and the FDA is now scrambling to address a youth e-cigarette epidemic that caught it off guard. This Article provides a brief review of TCA implementation during the Obama administration, and it reviews the Trump administration’s “comprehensive plan” for nicotine regulation. It concludes with a discussion of the structural obstacles to more robust FDA tobacco regulation