Tobacco Ingredient and Nicotine1 Reporting
Description of the Laws: The Federal Cigarette Labeling and Advertising
Act (FCLAA) and Comprehensive Smokeless Tobacco Health Education Act (CSTHEA)
Cigarettes
The Federal Cigarette Labeling and Advertising Act (FCLAA), 15 U.S.C.
§1335a(a), Public Law 89–92, in part requires that each person who manufactures,
packages, or imports cigarettes annually submit to the Department of Health
and Human Services (HHS) a list of ingredients added to tobacco in the
manufacture of cigarettes (Ingredient Report). The Centers for Disease Control
and Prevention (CDC), Office on Smoking and Health (OSH), has been delegated
the responsibility of implementing these provisions. The Ingredient Report
must include all additives and flavors. Submissions are due to
CDC, OSH
by March 31; and for importers, the Ingredient Report is also due upon
initial importation into the United States. The report submitted by March 31st each year must represent the
ingredients added to tobacco in the manufacture of cigarettes during the
previous calendar year.
Under FCLAA, one may submit information which does not identify the company
that uses the ingredients or the brand of cigarettes that contain the ingredients.
A person or group of persons required to provide the ingredient list may
designate an individual or entity to provide the list. In the event that
another individual or entity, such as an attorney or counsel, is designated
to submit this information on your behalf, this individual or entity should
clearly state the name(s) of the importer(s) or company(ies) for whom they
are submitting the information.
Smokeless Tobacco
The Comprehensive Smokeless Tobacco Health Education Act (CSTHEA), 15
U.S.C. §4403(a)(A), Public Law 99–252, in part requires each
manufacturer, packager, or importer of smokeless tobacco products to annually
submit to HHS
the list of ingredients added to tobacco in the manufacture
of smokeless tobacco products (Ingredient Report).
CSTHEA, 15 U.S.C. §4403(a)(1)(B),
further requires the submission of the quantity of nicotine contained in
each smokeless tobacco product (Nicotine Report). CDC,
OSH has been
delegated the responsibility of implementing these provisions. Submissions
are due to CDC,
OSH by March 31; and for importers, the Ingredient Report
is also due upon initial importation into the United States. The reports
submitted by March 31st each year must represent the ingredients added to
tobacco in the manufacture of smokeless tobacco during the previous calendar
year; and the specification of the quantity of nicotine contained in smokeless
tobacco products manufactured or imported during the previous calendar year.
Under CSTHEA,
one may submit information which does not identify
the company that uses the ingredients or the brand of smokeless tobacco
that contains the ingredients. A person or group of persons required to
provide the nicotine data and ingredient list may designate an individual
or entity to provide the list. In the event that you designate another individual
or entity, such as an attorney or counsel, to submit this information on
your behalf, this individual or entity should clearly state the name(s)
of the company(ies) for whom they are submitting the information.
Page last reviewed 02/28/2007
Page last modified 02/28/2007