The US Food and Drug Administration was given the authority to regulate tobacco only as recently as 2009.

While neither considered a food or drug, the FDA was given authority to regulate tobacco under the “The Family Smoking Prevention and Tobacco Control Act ” (the FSPTC Act). You may find the act here: http://www.gpo.gov/fdsys/pkg/PLAW-111publ31/pdf/PLAW-111publ31.pdf .

Unfortunately I do not believe tobacco falls under the CPSC Reform Act labeling or chemical testing requirements as the law you mentioned was passed before the FDA had jurisdiction over tobacco.

You might suggest amendments to both the CPSC Reform Act and the FSPTC Act to specifically include tobacco labeling and chemical testing requirements.

If you’d like, I’d be glad to co-author a letter to Senator Durbin and to our new congressional representatives, after the November election, suggesting these amendments. If you have specific wording that you would like to include, that would be useful.

Sincerely,
Paul Gorski
paul@paulgorski.com