Regulation of E-cigarettes in the United States

Abstract

The enactment of the Family Smoking Prevention and Tobacco Control Act in 2009 gave the US Food and Drug Administration (FDA) authority to regulate tobacco products-specifically, cigarettes, smokeless tobacco, and roll-your-own tobacco products. That authority was extended to all products that contain tobaccoderived substances, including nicotine, in 2016, when the FDA's "Deeming Rule" went into effect, capturing products such as e-cigarettes, cigars, and shisha within the FDA's authority. This chapter focuses on the FDA regulation of e-cigarettes under the Deeming Rule, including the current pre-market authorization requirements that could result in an effective ban on e-cigarettes in the United States.