Federal Regulations – “Light,” “Low,” and “Mild” Tobacco Products – The Tobacco Control Act

Certain Descriptors Not Allowed

Know The Tobacco Control Act

21 United States Code Section 387k

Descriptors similar to and including “light,” “low,” and “mild” are prohibited in all advertising, labeling, and marketing of cigarettes and smokeless tobacco products manufactured on or later than June 22, 2010. As of August 8, 2017, this prohibition applies to the manufacture of all newly deemed tobacco products, including cigars, pipe tobacco, hookah tobacco, gels, dissolvables, and electronic nicotine delivery systems (ENDS) containing anything made or derived from tobacco. Newly deemed tobacco products with these prohibited descriptors can no longer be distributed into interstate commerce as of September 8, 2017.

PENALTIES

Civil penalty for intentionally purporting to meet tobacco product standards of up to $250,000 for each violation and up to $1 million for multiple violations ruled on in a single proceeding. If violations continue after the agency provides written notice, the violator is subject to a penalty of $250,000 for the first 30-day period, which doubles every 30 days thereafter that the violation continues, up to $1 million in any 30-day period or $10 million for all such violations ruled on in a single proceeding.