• Subscribe to the AG's RSS Feed
  • Join the AG's FaceBook
  • Follow the AG on Twitter
  • View the AG's YouTube Channel
  • View the AG's Tumblr Page

Attorney General Lockyer Criticizes U.S. Food and Drug Administration for Refusal to Regulate Dangerous 'Tobacco Candy' Product

Friday, August 29, 2003
Contact: (415) 703-5837

(SACRAMENTO) – Attorney General Bill Lockyer today expressed disappointment that the U.S. Food and Drug Administration (FDA) has decided to not regulate a dangerous candy-like tobacco product called Ariva.

"The FDA's refusal to protect the public from this tobacco candy is short-sighted and leaves children particularly vulnerable," said Lockyer. "The FDA's inaction makes it urgent that Congress grant the FDA explicit authority to regulate all tobacco and nicotine products."

Ariva looks like a small candy mint, but it delivers as much nicotine as a cigarette. The product contains compressed tobacco powder, sweeteners, mint and other flavorings. Virginia-based Star Scientific Inc. makes Ariva, and markets it nationwide.

Lockyer, joined by 41 other Attorneys General, submitted written comments to the FDA on July 16, 2002 urging the FDA to assert regulatory jurisdiction over Ariva, with an eye toward halting marketing of the product. The comments supported petitions filed with the FDA by numerous health advocacy groups and a major drug company.

The Attorneys General warned that, because the product looks like a breath mint and does not emit smoke or strong tobacco odors when used, it is particularly attractive to children. Those features make it difficult for parents and teachers to determine when a child is using Ariva, the comments noted. Additionally, Lockyer and the other Attorneys General told the FDA that the marketing and packaging for Ariva falsely imply the product is a healthy alternative to smoking, when in fact it contains toxic and cancer-causing substances.

In declining to regulate Ariva, the FDA said in a letter to the petitioners today that Ariva is a "customarily marketed" tobacco product, and that the courts have ruled the agency does not have statutory authority to regulate such products.

On August 15, 2002, Lockyer and 36 other Attorneys Generals wrote to members of Congress urging them to promptly enact legislation granting the FDA authority to regulate the manufacture, marketing and sale of tobacco products. Congress has yet to act.

# # #
AttachmentSize
03-104a.pdf123.32 KB
03-104b.pdf121.4 KB
03-104b.pdf121.4 KB
03-104a.pdf123.32 KB

Search News Releases

Subscriptions

Megan's Law

California Registered Sex Offender Database

Search Now

Megan's Law information is also available in these languages:

Site Navigation

Translate Website

  • Google™ Translation Disclaimer

This Google™ translation feature is provided for informational purposes only.

The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool.

Please consult with a translator for accuracy if you are relying on the translation or are using this site for official business.

If you have any questions please contact:Bilingual Services Program at (916) 324-5482

A copy of this disclaimer can also be found on our Disclaimer page.

Select a Language Below / Seleccione el Idioma Abajo

Close this box or use the [ X ]