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House Votes to Give FDA Regulatory Power Over Tobacco

Oversight legislation faces tougher battle in Senate

April 2, 2009

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Anti-smoking forces scored a significant achievement Thursday as the U.S. House of Representatives voted to give the Food and Drug Administration authority to regulate tobacco, including oversight of advertising and sales.

The measure, fiercely opposed by the tobacco industry, is expected to face a much tougher test in the Senate.

The House passed the measure 298-112, but it's not even clear whether the Senate will get to vote on it. A leading opponent, Sen. Richard Burr (R-NC) has threatened to mount a filibuster.

Sen. Edward Kennedy (D-MA) is the leading sponsor of the legislation in the Senate, and his office says the senator will introduce the House bill in the chamber later this month. The White House has assured Kennedy that if the measure passes, President Obama will sign it.

"Cigarette smoking is the leading preventable cause of death in the United States and is a contributing factor to scores of diseases and conditions inflicting misery upon millions of our citizens," the White House said in a statement. "Further, tobacco use is a major factor driving the increasing costs of health care in the U.S. and accounts for over a hundred billion dollars annually in financial costs to the economy."

The legislation would give the FDA the power decide how and where tobacco companies could advertise cigarettes, and whether warning labels should be strengthened. Beyond that, the FDA would have a direct role in overseeing how cigarettes are produced, restricting nicotine, menthol, and potentially harmful chemicals.

Tobacco foes have sought this power for decades, but the U.S. Supreme Court ruled that only Congress could give the FDA regulatory power over tobacco.

"It has taken us far too long to get to this point," declared Rep. Henry Waxman (D-CA), principal sponsor of the House bill.

While most tobacco companies have lobbied hard against the measure, Altria, the company that includes Philip Morris, said it does not oppose granting FDA regulatory control over tobacco.

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