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House Bill Would Give FDA Tobacco-Regulating Power

Legislation has many hurdles left before becoming law

March 5, 2009

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The Food and Drug Administration has responsibility for regulating lots of consumer products, but not tobacco, which has been linked to cancer and other diseases. But a U.S. House of Representatives Committee has voted to give the FDA the power to regulate cigarettes and other tobacco products.

The measure has long been sought by tobacco opponents and long resisted by the tobacco companies. While the 39-13 vote by the House Energy and Commerce Committee is a victory for tobacco opponents, passage is not assured. It must next clear a vote in the full House and then the U.S. Senate.

The FDA regulates drugs, medical devices, most food products, cosmetics and drugs administered to animals. Tobacco opponents say giving it power over tobacco is a natural step, considering the health issues tied to the product. They are hopeful of winning passage this time since the Democrats, who are generally supportive of the idea, control both Congress and the White House.

Republicans have generally opposed the measure, saying the FDA, with its well documented problems insuring food safety, might not be the best agency to regulate tobacco products.

"Regulating tobacco is the single most important thing that we can do right now to curb the deadly toll of tobacco," said House Energy and Commerce Committee Chairman Rep. Henry Waxman, who introduced the bill.

Waxman says giving the FDA control over tobacco would be a giant step in reducing the number of people who smoke, thus reducing health problems such as heart disease, cancer and emphysema.

While the government takes active steps to discourage smoking, federal and state governments count on cigarettes as an ever growing source of tax revenue. According to the Tax Policy Center, a joint venture of the Urban Institute and Brookings Institution, annual tax revenue from tobacco has grown from more than $3.6 billion in 1977 to nearly $15 billion in 2006.

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