The American Lung Association (ALA) has given the Obama administration an “incomplete” grade for not promptly granting the FDA regulatory authority over non-cigarette tobacco products.

“As of January 31, 2016, the Obama Administration had not yet given the U.S. Food and Drug Administration (FDA) oversight authority over all tobacco products. Given this pending final rule has concluded the 90-day review period at the Office of Management and Budget at the White House and could be released at any time, the federal government earns an ‘I’ for Incomplete in this category,” the ALA stated in a new report.

In its “State of Tobacco Control 2016” report, the association urged the administration to quickly enact the long-delayed “deeming rule,” which will extend provisions of the federal Tobacco Control Act to e-cigarette and all other tobacco products.

“The Obama Administration must finalize the regulation giving the FDA authority over all tobacco products so that FDA can begin to protect our nation’s youth and the public health from the dangers of e-cigarettes, cigars, hookah, little cigars and other tobacco products,” the report stated.

The finalized deeming rule is widely expected to be made public within the next few weeks, but Thomas A. Carr, ALA director of national policy, said the now 5-year wait for regulation has been frustrating.

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