Federal Highlights

Federal leadership to prevent and reduce tobacco use is essential. The American Lung Association has identified five key actions for the Trump administration and Congress to take in 2026 that will reduce the death and disease caused by tobacco use:

1. Congress and the U.S. Department of Health and Human Services (HHS) must restore and fully staff the Centers for Disease Control and Prevention (CDC)’s Office on Smoking and Health (OSH) to ensure that states receive tobacco prevention and cessation funding, that comprehensive federal surveillance and evaluation of tobacco can continue, and that the nation regains a functioning federal tobacco control and prevention infrastructure to reduce tobacco-related chronic disease;
2. Congress and HHS must reestablish and adequately fund the Tips from Former Smokers campaign so CDC can once again deliver proven, life-saving tobacco prevention and cessation messages to people across the country;
3. Congress and HHS must protect the independence of the United States Preventive Services Task Force (USPSTF) to ensure access to evidence-based services, including quit tobacco treatments and lung cancer screening with no cost-sharing;
4. Congress must pass legislation requiring e-cigarette manufacturers to pay user fees to provide the U.S. Food and Drug Administration (FDA) with the resources needed for robust oversight and enforcement. With these resources, FDA, the U.S. Department of Justice (DOJ), and other members of the multi-agency taskforce must act decisively to remove illegal e-cigarettes from the marketplace; and
5. FDA must maintain a strong, science-based public health standard when reviewing and authorizing tobacco products, ensuring decisions protect kids and public health rather than expanding access to addictive products.

Key highlights from 2025:

2025 was a tumultuous year for federal tobacco control.

• In January and July, FDA authorized the marketing of 20 Zyn nicotine pouch products and of tobacco- and menthol-flavored JUUL e-cigarette products, respectively, raising serious concerns about how the agency is applying the “appropriate for the protection of the public health” standard required under the Family Smoking Prevention and Tobacco Control Act.
• In January, May and September, FDA and other federal agencies took several significant enforcement actions that resulted in multiple seizures ranging from $7 million to $86.5 million worth of illegal e-cigarettes. These actions reflect growing federal attention to the illicit market, though illegal products remain pervasive and widely accessible to youth.
• In April, nearly all staff at CDC’s OSH were eliminated, and staffing at FDA’s Center for Tobacco Products (CTP) was significantly reduced. While some CTP staff were eventually reinstated, the disruption affected operations, and CDC’s OSH remains unable to carry out its core tobacco prevention and cessation functions.
• In April, states expected to receive their fiscal year 2025 tobacco control funding awards from CDC, but no awards were issued for nearly five months. This unprecedented funding freeze left state programs in limbo and caused disruptions to state and local tobacco control efforts until funding began to be released in late September.
• In April, the U.S. Supreme Court unanimously upheld FDA’s authority under the Family Smoking Prevention and Tobacco Control Act to deny marketing orders for two flavored e-cigarettes, overturning a previous decision by the 5th Circuit Court of Appeals. This decision strengthened the agency’s authority to enforce premarket review requirements.
• In July, the Senate Appropriations Committee advanced a bill preserving CDC’s OSH and added guardrails to mitigate funding disruptions and maintain more oversight over agency reorganizations. However, in September, the House Appropriations Committee advanced a funding bill that would eliminate CDC’s Office on Smoking and Health, putting critical tobacco prevention and cessation efforts at risk. Neither had been passed into law when the content for this report was finalized, leaving future CDC OSH funding undecided.
• In November, Congress passed a fiscal year 2026 Agriculture-FDA funding bill that maintained full funding for FDA’s CTP and also directed CTP to spend not less than $200 million in enforcement against illicit e-cigarettes. The bill also required at least $2 million to support the federal multi-agency taskforce created in 2024 and granted FDA destruction authority of illicit tobacco products.
• In November, the federal government terminated CDC’s Tips from Former Smokers campaign, abruptly halting one of the nation’s most effective public health campaigns and eliminating a critical tool shown to help people quit smoking and reduce chronic disease. As a result, HHS failed to spend at least $65 million on tobacco control and prevention as intended by Congress.