Does the ban apply to bona fide pipe tobacco?
No. The ban does not apply to bona fide pipe tobacco. However, as noted above in question 5, the ban applies to all tobacco products with certain characterizing flavors that meet the definition of a “cigarette” in section 900(3) of the FDCA. The definition of a “cigarette” includes “tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette or as roll-your-own tobacco.” We encourage members of the public to submit any information relevant to compliance with the ban of cigarettes containing characterizing flavors regarding any tobacco product that may meet the definition of a “cigarette.” Please submit any information to Docket No. FDA-2009-N-0294. • How will this ban be enforced? As of September 22, 2009, cigarettes and their component parts that contain characterizing flavors (other than tobacco or menthol) or an h
