FORM FDA 3741a Registration and Listing for Owners and Operators of Domestic Deemed Tobacco Product 2025

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In November 2022, California voters approved Proposition 31, upholding a 2020 state law that banned the retail sale of menthol cigarettes and most flavored tobacco products in California. The law was, however, on hold pending the outcome of Proposition 31.
The proposed rule would not ban cigarettes or any other tobacco products. The FDA is proposing to cap the nicotine level at 0.7 milligrams per gram of tobacco in cigarettes and certain other combusted tobacco products, which is significantly lower than the average concentration in these products on the market today.
WASHINGTON, DC, January 15, 2025 The Food and Drug Administration (FDA) today announced a proposed rule that would for the first time require the tobacco industry to lower nicotine levels in cigarettes, which have addicted and killed millions of people over decades, to minimally- or non-addictive levels.
This new law, which went into effect January 1, 2025, clarified language around on flavored tobacco sales and gave the state additional authority to seize and destroy products obtained during inspections. It also increased fines associated with violations of the statewide flavor ban.
The Deeming Rule also prohibits the sale of covered tobacco products to individuals under the age of 18, prohibits vending machine sales unless sold in adult-only facilities, and requires warning labels on packages and advertisements.
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Tobacco products encompass multiple varieties of products, including cigarettes, cigarette tobacco, roll-your-own tobacco, smokeless tobacco, electronic cigarettes, cigars, hookahs, pipe tobacco, nicotine gels, and dissolvables.
The FDA is proposing to cap the nicotine level at 0.7 milligrams per gram of tobacco in cigarettes and certain other combusted tobacco products, which is significantly lower than the average concentration in these products on the market today.
To legally market a new tobacco product in the United States, a company must receive a written marketing order from FDA. Companies may receive marketing authorization through one of the three pathways; the following products have been issued marketing granted orders (MGO) under the PMTA pathway.