FDA ban on flavored cigarettes takes effect

The federal ban on flavored cigarettes took effect yesterday, marking one of the first visible signs of the Food and Drug Administration's new authority to regulate tobacco.

The ban on manufacturing, importing, marketing and distribution includes candy-, fruitand clove-flavored cigarettes, which health and federal authorities say are more appealing to youth. It does not include a ban on menthol or other flavored tobacco products such as cigars -- issues that the FDA is studying.

"Candyand fruit-flavored cigarettes are a gateway for many children and young adults to become regular tobacco users," said Dr. Lawrence R. Deyton, director of the FDA's Center for Tobacco Products.

Citing research, Deyton said 17-year-old smokers are three times as likely to use flavored cigarettes as smokers older than 25. FDA officials also said almost 90 percent of adult smokers start smoking as teens, and the ban will help stop youths from picking up the habit.

The FDA sent a letter to the industry last week discussing the ban and its plans for enforcement, including the definition of a cigarette under the ban. Officials are encouraging consumers to notify authorities of any potential violations of the ban.

Henrico County-based Philip Morris USA has no products affected by the ban, spokesman Bill Phelps said yesterday.

Its parent company, Altria Group Inc., also owns cigar maker John Middleton, which makes flavored cigars that are not covered by this ban.

Matthew Myers, president of the Campaign for Tobacco-Free Kids, said some smaller manufacturers have withdrawn products because of the ban.

"The FDA has created an enforcement mechanism for citizens to report violations," he said. "The FDA has sent every signal that they intend to take the ban seriously and ensure that it is implemented effectively."

The tobacco-regulation law, signed by President Barack Obama in June, won't let the FDA ban nicotine or tobacco outright, but the agency will be able to regulate what goes into tobacco products, make public the ingredients and prohibit marketing campaigns, especially those geared toward children.

Market leader Altria supported the legislation, while its two biggest rivals -- Reynolds American Inc. and Lorillard Inc., both based in North Carolina -- opposed it. The latter two have joined in a lawsuit with other smaller tobacco companies challenging specific marketing regulations of the law.