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NAQC Newsroom: Tobacco Control

Update on FDA State Contract Process for Compliance & Enforcement

Wednesday, June 9, 2010  
From Kimberly Elliott at FDA on a webinar via Erika Sward at the American Lung Association.

President Obama signed the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) into law (Public Law 111-31) on June 22, 2009. The Tobacco Control Act gives the Food and Drug Administration (FDA) new authority to regulate the manufacture, marketing, and distribution of tobacco products to protect the public health. FDA is moving rapidly to implement the provisions of this new law.

Some of the most important early requirements of the Tobacco Control Act require FDA to restrict the sale and promotion of cigarettes and smokeless tobacco products to protect children and adolescents from their harmful effects. To that end, on March 18, 2010, FDA issued the "Youth Access and Advertising Regulation" that goes into effect on June 22, 2010.

States and U.S. Territories have crucial roles to play in reducing tobacco use by children and adolescents. Accordingly, the Tobacco Control Act authorizes FDA to contract with States and U.S. Territories to assist with compliance and enforcement activities to help limit the availability of tobacco products to young people.

On or about June 22, 2010, FDA will announce the first of the state contract awards. The awards will be made regionally and announced on a rolling basis through the end of the current fiscal year (September 30, 2010). FDA’s goal is to contract with up to 25 percent of States and U.S. Territories in FY 2010, and up to 75 percent of States and U.S. Territories in FY 2011. FDA intends to contract with the remaining States and U.S. Territories that are interested in assisting with enforcement activities in FY 2012.

Our goal is to contract with every U.S. State and Territory that wishes to assist with the enforcement the regulations restricting the sale and distribution of cigarettes and smokeless tobacco to children and adolescents. A new RFP will be issued for the FY 2011 contracts after October 1, 2010, although an exact timeline for the issuance of the solicitation has not yet been established. We encourage state officials who are interested in applying for enforcement contracts to monitor the Center for Tobacco Products Web site at

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