DeLauro Statement on FDA’s Tobacco Deeming Rule

WASHINGTON, DC (May 5, 2016) — Congresswoman Rosa DeLauro (CT-03) today released the following statement regarding the U.S. Food and Drug Administration finalizing the tobacco deeming rule, which will be enforced in ninety days.

"Seven years after Congress passed the Family Smoking Prevention and Tobacco Control Act, there are still far too many kinds of tobacco products that remain unregulated. Today, America's youth are using these products at disturbing rates. The FDA's final deeming rule will bring all tobacco products under the agency's jurisdiction, and it is a strong step in protecting our nation's youth from the dangers of tobacco use," said Congresswoman Rosa DeLauro. "Our children cannot wait any longer for us to act and today, the FDA is sending a strong message that we will do everything we can to protect our children's health. Now that the FDA has finalized the deeming rule, we must go further and stop the tobacco industry from marketing tobacco products to our children."

The FDA's deeming rule will restrict youth access to tobacco products by: not allowing products to be sold to persons under the age of 18 years; requiring age verification by photo ID; not allowing the selling of tobacco products in vending machines (unless in an adult-only facility); and not allowing the distribution of free samples.

Further, the deeming rule will bring all tobacco products under the FDA's jurisdiction, including cigars, e-cigarettes, and hookahs. In April, the CDC released data showing that if smoking continues at the current rate among youth in this country, 5.6 million of today's Americans younger than 18 will die early from a smoking-related illness. The data also shows that e-cigarette use among high school students tripled to 16 percent, and e-cigarettes are now the most-used tobacco product by high school students and use continues to climb. Hookah use also experienced increases from 2011 to 2015, with 7.2 percent high school students now reporting that they had used hookah in the past 30 days.

According to the Centers for Disease control and Prevention (CDC)'s 2014 National Youth Tobacco Survey, teens who see frequent advertisements for e-cigarettes, whether it be through television, online, or in magazines, are more likely to pick one up and start using. Under FDA's new rule, the FDA will issue an order granting marketing authorization where appropriate, but otherwise the products will be subject to enforcement.

DeLauro is a senior member on the subcommittee responsible for funding the U.S. Food and Drug Administration. She has long fought to implement the deeming rule, most recently speaking out against Republican attempts to delay the rule during a hearing for the Agriculture Appropriations Subcommittee last month.

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