Table 1

US agencies involved in legal and regulatory control of tobacco

AgencyResponsibilitiesCigarette definitions
US Food and Drug AdministrationRegulates the manufacture, distribution, marketing and sale of tobacco productsThe term ‘cigarette’
  1. Means a product that—(i) is a tobacco product and (ii) meets the definition of the term ‘cigarette’ in section 3(1) of the Federal Cigarette Labeling and Advertising Act.

  2. Includes tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler or its packaging and labelling, is likely to be offered to, or purchased by, consumers as a cigarette or as roll-your-own tobacco (21 U.S.C. 387(3)).

Federal Trade CommissionRegulates some aspects of labelling, advertising and marketing of tobacco products, primarily through the Federal Cigarette Labeling and Advertising ActThe term ‘cigarette’ means
  1. Any roll of tobacco wrapped in paper or in any substance not containing tobacco.

  2. Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler or its packaging and labelling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A) (15 U.S.C. 1332(1)).

Alcohol and Tobacco Tax and Trade BureauCollects federal taxes on all federally taxed tobacco products (eg, no federal tax on e-cigarettes)‘Cigarette’ means
  1. Any roll of tobacco wrapped in paper or in any substance not containing tobacco.

  2. Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler or its packaging and labelling, is likely to be offered to, or purchased by, consumers as a cigarette described in paragraph (1) (26 U.S.C. 5702(b)).