As defined by the Federal Food, Drug, and Cosmetic Act (FDCA) (section 101), a tobacco product is “any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product)”. According to federal laws, nicotine-containing tobacco-free products are generally defined as tobacco products, which means any tobacco-containing or tobacco-derived product – such as oral tobacco products that contain tobacco (for example, snus) and tobacco-free nicotine-containing pouches (if nicotine is derived from tobacco). This report provides a detailed Q&A about the current regulations in place in the US for these type of products.

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Berta Camps Bisbal

Senior legal analyst
Berta has a law degree from the University of Barcelona and a Juris Doctor degree from Nova Southeastern University (Florida). She has worked as a faculty assistant in legal research in Florida, was a member of the Law Review, and has interned for a magistrate judge of the US District Court for the Southern District of Florida. Berta focuses on US legal analysis, including tracking all federal, state and local regulation. She runs our US interactive regulatory tracker product, following changing regulation on e-cigarettes in all 50 US states.

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