House Passes Tobacco Bill

Family Smoking Prevention & Tobacco Control Act would give regulatory power to FDA

Published in CSP Daily News

WASHINGTON -- The U.S. House of Representatives late Wednesday overwhelmingly passed the Family Smoking Prevention & Tobacco Control Act, legislation that would give the Food & Drug Administration (FDA) the power to regulate tobacco, from cigarettes to new kinds of smokeless products, reported the Associated Press. While the bill appears to have enough support to pass this year, it is unclear whether the Senate will have time to act, and the Bush administration issued a veto threat Wednesday.

The 326 to 102 House vote signaled solid bipartisan support for the measure, with 96 Republicans [image-nocss] breaking with President Bush's position to vote in favor of the bill. Both presidential candidates, senators John McCain and Barack Obama, back the legislation.

While the FDA could not outlaw tobacco or nicotine, it could demand the reduction or elimination of cancer-causing chemicals in cigarette smoke. The bill would further tighten restrictions on tobacco advertising and impose new federal penalties for selling to minors. It would prohibit candy flavored cigars and cigarettes, and would give the FDA authority to ban menthol.

Opponents of the bill say having a public health agency regulate tobacco would send the wrong message. And they argue that the agency is overwhelmed dealing with food and drug safety problems, and does not need complicated new responsibilities.

"In short, what we don't need is creating at the FDA a new draconian bureaucracy, since they're already overburdened and have more work than they know what to do with," said Rep. Joe Barton (R-Texas), the top Republican on the House Energy & Commerce Committee.

The bill represents a compromise between major tobacco control groups and Philip Morris USA, the nation's largest tobacco company. The maker of Marlboro cigarettes broke with most of its peers in the industry to support the legislation. Other big companies, including R.J. Reynolds— the maker of Camel cigarettes—remain fiercely opposed.

Public health advocates supporting the bill say regulation will slowly but surely put pressure on the industry, reducing the overall number of smokers and the harm that is caused by tobacco use.

"When you think about it, we regulate pet food, cosmetics, orange juice and many other products," said Cass Wheeler, CEO of the American Heart Association. "We're regulated in every other area and unregulated in tobacco products. But tobacco causes more preventable deaths than anything else."

PM USA, however, is hoping the legislation could lead to a new market in federally certified, reduced-risk tobacco products. The bill sets up a process for the FDA to scientifically assess manufacturer claims that certain cigarettes are less risky. The legislation appears to set a high bar to such claims. Not only must a reduced-risk product "significantly" reduce harm to tobacco users, but it also must "benefit the health" of the entire population. A less risky cigarette that enticed nonsmokers to light up might not meet that test.

Nonetheless, PM USA has invested heavily in a new research center to develop less harmful tobacco products. "Our reduced-harm research is a big focus for the company," spokesperson Bill Phelps told AP.

Wall Street market analysts predict the legislation will have no major immediate impact on the industry, except to cement PM USA's position as the market leader, since the bill's advertising restrictions tend to undercut the competition.

House Minority Leader John Boehner (R-Ohio), who smokes, said he did not need the federal government to tell him it was bad for his health. "This is a boneheaded idea," he said. "How much is enough? How much government do we need?"

But some supporters said the bill was more about protecting children than adults. Rep. Tom Davis (R-Va.) said tobacco use has become synonymous with rugged independence and a refutation of authority, traits that he said many teens desire. "In large part, the marketing tactics by tobacco manufacturers fanned the flames of youthful angst," he said.

A potentially thorny issue as the bill heads to the Senate will be its treatment of menthol, a highly popular flavoring with black smokers. The National African American Tobacco Prevention Network has withdrawn its support for the bill, saying an outright ban on menthol is needed to protect the health of black communities. But with menthol brands accounting for more than one-quarter of cigarettes, PM USA's support for the legislation could be in question if the Senate bans the flavoring. The bill calls for an FDA advisory committee to issue recommendations on methanol in cigarettes within one year of its establishment and requires the agency to publish an action plan for restricting the promotion of methanol and other types of cigarettes to youth.

Click here to read the full text of H.R. 1108, the "Family Smoking Prevention and Tobacco Control Act."