The newly appointed director of the Food and Drug Administration's Center for Tobacco Products, Lawrence R. Deyton, issued reminder on the ban of flavourings effective 22 September 2009.
The Food and Drug Administration (FDA) provided a notice to remind manufacturers, retailers and distributors that effective 22 September 2009, cigarettes containing certain characterising flavours are deemed adulterated under section 902 of the Federal Food, Drug, and Cosmetic Act (FFDCA or the Act), as amended by the Family Smoking Prevention and Tobacco Control Act (FSPTCA).
Under the Act, adulterated products sold or held for sale in the United States may be subject to seizure under section 304 of the Act. In addition, manufacturers, distributors, and retailers may be subject to injunction actions, civil money penalties, and/or criminal prosecution for violating the requirements of the Act (FFDCA, sections 301, 302, 303). In its letter, the FDA said that it “intends to use the full range of enforcement tools within the Agency’s authority to ensure compliance with the new requirement.” (pi)