Legislation Pushes for FDA Tobacco Regulation

WASHINGTON -- The Food and Drug Administration could regulate tobacco products under legislation revived by a bipartisan group of lawmakers, the Associated Press reported.

The proposal renews a push for tobacco oversight that was blocked last year in the House and that the National Association of Convenience Stores (NACS) opposed. NACS issued a statement saying it would further analyze the current legislation and its impact on the convenience store industry.

Altria Group and Philip Morris USA issued a statement in favor of FDA regulation. The company says such oversight will give the public more confidence in the industry and help the company market new tobacco products.

"We wholeheartedly support the bipartisan legislation introduced today," said Steven C. Parrish, senior vice president, corporate affairs, Altria Group. "Our companies commend the sponsors for finding common ground and policy solutions to the many complex issues involving tobacco, and for their tireless efforts to bring all interested stakeholders together to forge a true bipartisan consensus."

"Today's Congressional action represents another important step forward in the effort to establish, for the first time, a comprehensive and coherent national tobacco policy in this country," said Michael E. Szymanczyk, chairman and chief executive officer of Philip Morris USA.

"We support these bills in their entirety because they would, among other things, bring consistency and uniformity to how tobacco products are sold and regulated. The legislation will also provide a framework and standards for products that could potentially reduce the harm caused by smoking and define the appropriate ways to communicate about these products."

Other tobacco companies oppose regulation because they say it would affect their ability to compete for new customers.

Under the new bill, the FDA could regulate the sale, marketing and advertising of tobacco products, and could require companies to list all ingredients added to cigarettes and other forms of consumer tobacco.

The legislation would prevent the FDA from banning cigarettes; the agency also could stipulate that tobacco manufacturers reduce but not eliminate, nicotine in their products. The FDA would not regulate tobacco as a drug, but would create a new product category.

The legislation was brought back in the Senate by last year's sponsors, Mike DeWine (R-Ohio), and Edward Kennedy (D-Mass.), who reintroduced the bill on Thursday. The Senate approved it last year, but it died in the House.

Last year's House sponsors, Reps. Tom Davis (R-Va.) and Henry Waxman (D-Calif.), are expected to introduce a similar bill.

In 2004, supporters tried to tie FDA regulation of tobacco leaf to a tobacco-buyout program within a corporate tax bill. The final tax bill included tobacco buyout provisions, but no FDA regulation, and many believed supporters had lost their best shot at oversight.

The FDA asserted authority over cigarettes in 1996, but the Supreme Court later ruled that only Congress can give the FDA that power.