CQ TODAY ONLINE NEWS
– REGULATORY POLICY
Updated June 11, 2009 – 2:57 p.m.
Senate Passes Bill Authorizing FDA Regulation of Tobacco Products
By Drew Armstrong, CQ Staff
After years of frustration, the Senate on Thursday passed sweeping legislation to authorize the Food and Drug Administration to regulate tobacco products
The measure (
The vote was 79-17. One Democrat — freshman Sen. Kay Hagan of tobacco-producing North Carolina — voted against the measure, along with 16 Republicans.
The House is poised to clear the bill for President Obama’s signature, with a vote set for Friday.
Obama issued a statement hailing the Senate’s action and promising to sign the bill. He said it “will make history by giving the scientists and medical experts at the FDA the power to take sensible steps that will reduce tobacco’s harmful effects and prevent tobacco companies from marketing their products to children.”
The Senate spent two weeks debating the bill, with supporters fending off amendments from tobacco-state senators seeking to weaken the measure and from other lawmakers hoping to attach unrelated provisions.
The House first passed its bill by 298-112 on April 2.
The Senate version reflects a bill (
In a statement, Kennedy — absent from the Senate as he battles brain cancer — said, “Miracles still happen. The United States Senate has finally said “no” to Big Tobacco. ... Public health experts overwhelmingly agree that enactment of this legislation is the most important action Congress can take to reduce youth smoking.”
A Long Battle
Sen. Christopher J. Dodd , D-Conn., who led the floor debate in place of Kennedy, hailed the vote as “historic,” noting, as Kennedy did, the long and difficult battle in Congress to regulate tobacco.
The FDA, he said, has long regulated the drugs people use and the food they eat, but not tobacco products — despite their well-established health risks. “For more years than anyone can count, we’ve had an industry that’s gone basically unregulated,” Dodd said.
The tobacco legislation has stalled repeatedly in previous years, but with Democrats in control of both chambers and a Democrat in the White House, the anti-smoking forces prevailed this time.
For many senators, like Majority Whip Richard J. Durbin , D-Ill., who lost his father to lung cancer, the fight to curb smoking is intensely personal.
Sen. Sherrod Brown , D-Ohio, reminded his colleagues that more than 400,000 Americans die every year from smoking-related diseases.
That means, he said, that the tobacco companies have to recruit new smokers — typically teenagers — to take up the habit. “You need to find more than a thousand new customers a day,” he said, to make up for the annual deaths from smoking.
“We need some assistance in making sure that those targeting efforts can’t get those young people addicted,” Brown said.
Sen. Michael B. Enzi , R-Wyo., an ardent anti-smoking activist, supported the bill this year — even though he has opposed prior legislation because he thought it didn’t go far enough. Enzi has long wanted to outlaw tobacco products altogether.
Enzi said the current bill would help discourage smoking and thus also help millions exposed to second-hand smoke, as he was during a childhood around parents who both died of smoking-related causes.
He said he will monitor FDA’s use of its new authority and will scrutinize the effectiveness of its efforts.
“This is just one step toward the goal I know we all share, which is to reduce the public health toll of tobacco use,” Enzi said.
FDA To Regulate Tobacco
The legislation would create a new “Center for Tobacco Products” inside the FDA to regulate the production, marketing and sale of tobacco products.
The new oversight would be funded by user fees on tobacco companies and importers, likely causing an increase in the price of cigarettes and other tobacco product.
In fiscal 2009, the fees would total $83 million, and over 10 years would grow to $712 million annually, after which they would level off. The authorization for the user fees does not expire, though Congress would have to act again before the end of fiscal 2019 in order to increase the fees.
The bill would give the FDA authority to restrict the sale, advertising or marketing of tobacco products, so long as it did not violate the Constitution. The agency also would control labeling on cigarette packages.
Cigarette and smokeless tobacco products would get new warning labels, larger than the ones currently displayed on tobacco packaging. The warnings would include statements like, “Tobacco smoke causes fatal lung disease in nonsmokers,” and “Smoking can kill you.”
Cigarette and tobacco flavor additives like chocolate, grape, orange and cherry would be banned, under the rationale that they are intended to attract under-age smokers.
Tobacco products could no longer carry claims such as “light,” “mild” and “low-tar.” Health advocates say that such products do not reduce harm from cigarettes, but rather lead smokers to inhale more deeply or smoke more to get their dosage of nicotine.
The FDA could require that advertisements for tobacco products carry the tough new warning labels, as well. Tobacco manufacturers could be required to disclose the contents of tobacco smoke, though they would not have to do so directly on product packaging.
The FDA could regulate nicotine levels, but not eliminate nicotine entirely. The agency would set product content standards to eliminate harmful ingredients.
To agency would set up an 12-person panel of physicians and other experts to advise it, with three people from the tobacco industry. The tobacco industry representatives would not have a vote on the panel, however.
Edward Epstein, Bart Jansen and Emily Ethridge contributed to this story.
First posted June 11, 2009 1:39 p.m.




Comments
F.U. GOVERNMENT I work in tobacco and this could possibly cost even more thousands of jobs to be lost. Yeah obama really cares about the economy dont he. You dumba@@es are running out one of the only buisinesses that is still in order. You gonna start serving veggie burgers at mcdonalds because people die of obesity I think not. everything people do is their own choice this is just one more freedom being taken from us. America the free is dead! Now its America the big Government. Thanks for nothing obama. Yeah I know obama is supposed to be CAPS I am making a point D.A.
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