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Congress Moves To Tighten Tobacco Controls

FDA would get power to regulate tobacco products

April 3, 2008

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A key Congressional Committee has voted to give the U.S. Food and Drug Administration broad new power to regulate tobacco and tobacco products.

The House Committee on Energy and Commerce approved approved the bill, H.R. 1108, the "Family Smoking Prevention and Tobacco Control Act," with bipartisan support, by a vote of 38 to 12.

"The legislation the committee approved today will help protect the lives of Americans, particularly our youth, from the harmful effects of tobacco," said Rep. John D. Dingell (D-MI), the committee chairman.

"Cigarette smoking is the leading cause of preventable death in the United States, and this legislation will help address this enormous public health problem."

The legislation was authored by Rep. Henry Waxman (D-CA).

"Today we have taken an important and long overdue step toward protecting our children and the public health," said Waxman. "We passed this legislation with bipartisan support. The adjustments made in the legislation during the mark-up process have addressed many of the concerns that were raised with the bill. We now have a product that can and should move forward expeditiously."

"Tobacco has never been, and should never be, a partisan issue," Waxman said. "I believe most Members of Congress share my desire to pass meaningful and truly effective tobacco legislation to reduce youth smoking and I am optimistic about the chances of the legislation become law this year."

H.R. 1108 would amend the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services (HHS) through FDA.

The legislation provides FDA with resources necessary to fulfill its new responsibilities by requiring manufacturers and importers of tobacco to pay user fees to fund FDA's new regulatory responsibilities under the bill.

"This legislation not only gives the FDA the authority to regulate tobacco, but also provides the agency with resources necessary to meet these new responsibilities," Dingell said. "This program will be fully funded through fees paid by tobacco companies, and will not divert resources away from FDA's existing obligations."

H.R. 1108 would do the following:

• Subject new tobacco products to premarket review;

• Allow the Secretary to require prior approval of all label statements;

• Allow the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion;

• Allow the Secretary to take specified actions, including public notification and recall, against unreasonably harmful products;

• Require the Secretary to establish tobacco product standards to protect the public health;

• Set forth standards for the sale of modified risk tobacco products;

• Prohibit cigarettes from containing any artificial or natural flavor (other than tobacco or menthol);

• Reinstate FDA's 1996 Rule, which restricted tobacco marketing and sales to youth;

• Require the Secretary to establish a Tobacco Products Scientific Advisory Committee; and

• Amend the Federal Cigarette Labeling and Advertising Act to change cigarette warning labels and advertising requirements. The legislation also makes changes to smokeless tobacco warning labels and advertising requirements.

The measure enjoys support from public health groups and from industry. Even Large tobacco manufacturers like Philip Morris and U.S. Smokeless Tobacco Company have voiced support for the measure. In addition, the retailers represented by the National Association of Convenience Stores have announced that they no longer oppose the bill.

The legislation must now go to the floor of the House of Representatives for consideration.

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