Measure to Put Tobacco Under FDA Control Gains Ground; New Bill Passes House Vote, Senate Vote is Next

A proposed federal law that would give the U.S. Food and Drug Administration authority over the tobacco industry and the power to regulate, but not outlaw cigarettes and other tobacco products cleared a key hurdle this week with approval by the House.

The Family Smoking Prevention and Tobacco Control Act, which passed by a vote of 298-112, would give the FDA authority over tobacco products for the first time. The Supreme Court ruled in 2000 that the agency could not regulate tobacco.

The U.S. Senate could consider its version of the bill later in April 2009 and President Barack Obama, a smoker himself, is said to support the shift in authority, a contrast to former President George W. Bush who threatened to veto a similar measure in 2008. Senate leaders have said they believe they have enough votes to overcome anticipated resistance senators who are supported by the tobacco industry. Sixty Senate votes are needed to pass the measure.

Anti-smoking forces rejoiced in news that the measure to crack down on tobacco products with FDA oversight appears to be headed toward passage.

“This vote brings us closer to putting a deceitful and dangerous industry under the watchful eyes of government regulators,” American Heart Association CEO Nancy Brown said in a statement.

FDA Would Have Power Over Tobacco

If passed, the new law would allow the FDA to regulate the contents of cigarettes and other tobacco products, force companies to make public the ingredients, ban flavoring added to cigarettes, and increase the size and content of cigarette warning labels.

The FDA would also have the ability to ban advertising for tobacco products, particularly those aimed at children.

The law is sponsored by Rep. Henry Waxman, the California Democrat who is chairman of the Energy and Commerce Committee. Waxman is the man who in 1994 called the heads of big tobacco to a hearing, during which the executives repeatedly testified that nicotine was not addictive.

Sen. Edward Kennedy (D-Mass.) has proposed companion legislation in the Senate.

FDA Critics Question the Move

Some who oppose giving the FDA the power to regulate tobacco products point to the recent mishandling of outbreaks of contaminated food and defective drugs and medical devices as evidence that the agency is not up to the chore. A counter measure which would have placed the job of regulating tobacco products under the Department of Health and Human Services was defeated in the House vote.

Getting Tough on Tobacco

Smoking is the leading cause of death in the United States. More than 45 million Americans smoke cigarettes, while nearly nine million will develop at least one serious illness in their lifetime due to smoking.

According to the Centers for Disease Control and Prevention, tobacco use is to blame for nearly 440,000 deaths in the United States each year. Smoking kills more Americans each year than alcohol, illegal drugs, car accidents, suicide, homicide, and AIDS combined.

Giving the FDA the power to regulate tobacco products is a good move toward reducing the risk of cancer, cardiovascular disease, and other life-threatening conditions triggered or worsened by smoking. Closer oversight and tougher restrictions on advertising and nicotine levels in cigarettes could go a long way toward limiting smoking in children while helping millions of people, who say they want to quit, kick the habits.

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