Senate approves legislation to give the FDA power to regulate tobacco

Jun 11 2009

The Senate overwhelmingly approved legislation today that gives the Food and Drug Administration regulatory power to limit nicotine in cigarettes, "drastically curtail" advertising and "ban candied tobacco products" aimed at the young, The Associated Press reports.

"Cigarette foes say the changes could cut into the 400,000 deaths every year caused by smoking and reduce the $100 billion in annual health care costs linked to tobacco. The legislation, one of the most dramatic anti-smoking initiatives since the U.S. surgeon general's warning 45 years ago that tobacco causes lung cancer, would give the Food and Drug Administration authority to regulate the content, marketing and advertising of cigarettes and other tobacco products."

"The 79-17 Senate vote sends the measure back to the House, which in April passed a similar but not identical version. House acceptance of the Senate bill would send it directly to President Barack Obama, who supports the action. House Speaker Nancy Pelosi said that 'from what I have seen so far, I believe it will be possible for us to accept their bill and send it right on to the president.'"

The FDA, if the bill becomes law, would have power to order changes or limit nicotine yields. It would not have the authority to ban nicotine or cigarettes.

"Costs of the new program would be paid for through a fee imposed on tobacco companies.'This is a bill that will protect children and will protect America,'" said Sen. Dick Durbin, D-Ill., a leading supporter. 'Every day that we don't act, 3,500 American kids - children - will light up for the first time. That is enough to fill 70 school buses.' The Congressional Budget Office estimated that FDA regulation could reduce underage smoking by 11 percent over the next decade. There are more than 40 million smokers in America."

"Opponents, led by Republican Sen. Richard Burr of the tobacco-growing state of North Carolina, argued that the FDA, which is in charge of ensuring the safety of food and drug products, was the wrong place to regulate an item that is injurious to health. He also contended that the bill would restrict tobacco companies, including several based in his state, from developing new products that might be less harmful to users. He unsuccessfully proposed the creation of a new agency that would both regulate tobacco products and encourage efforts to make cigarettes less harmful" (Abrams, 6/11).

Sen. Edward Kennedy, chairman of the Health, Education, Labor and Pensions Committee, called the legislation a miracle: "Today's landmark vote will save millions of children from a lifetime of addiction and premature death. Public health experts overwhelmingly agree that enactment of this legislation is the most important action Congress can take to reduce youth smoking," Kennedy said in a release.