This is the Cato Daily Podcast for Tuesday, May 21st, 2013. I'm Caleb Brown. The FDA has a recent role as chief arbiter of which tobacco products will be allowed on the market.

And that new power includes the ability to determine tobacco products will be allowed on the market.

And that new power includes the ability to determine

what new products fall under their control,

including so-called e-cigarettes and high-end cigars.

Jacob Greer is a writer and blogger on tobacco and other so-called vices.

We spoke today about the implications of expanded FDA control over tobacco.

In 2009, Congress passed the Family Smoking and Prevention Tobacco Control Act,

commonly called the Tobacco Control Act.

And that gave the FDA regulatory authority over tobacco products for the first time.

And initially the FDA has only covered cigarettes,

but the Act also gives the agency the authority

to deem other tobacco products to fall under its purview.

So other tobacco products or other nicotine products?

That's an interesting question that we'll soon find out.

So the obvious candidates there would be cigars, pipes, hukas, other types of inhalable tobacco.

But there is some question about whether electronic cigarettes which contain nicotine,

which is derived from tobacco, but you're not actually inhaling tobacco products

aside from that with an electronic cigarette

they may also fall under the FDA's purview

uh... they've indicated that that may happen but right now they're not

saying for sure who would stand to lose the most if e-cigarettes were given

...