Washington Bureau

FDA Tobacco Legislation on Hold Until 2008

By Sean Mussenden
Media General News Service
December 13 2007 | text size: small medium large
Email a FriendEmail to a Friend
Printer Friendly
Stumble It!
Digg!
Most Popular Stories
WASHINGTON—A plan to give the Food and Drug Administration the power to regulate cigarettes is on hold for now, but supporters said Thursday it likely will resurface in Congress early next year.

“By no means is it dead,” said William V. Corr, executive director of the Campaign for Tobacco-Free Kids, a public health advocacy group that has long sought FDA regulation of cigarettes.

Supporters of a pair of similar bills in the House and Senate – including several leading anti-smoking and cancer research groups – argue that FDA regulation would further curtail tobacco marketing messages aimed at young people and bring about a reduction in cigarette nicotine levels.

Opponents -- including the Bush administration – argue that tobacco oversight by an agency charged with protecting public health could fool smokers into thinking cigarettes are safe.

Fifty-four senators are co-sponsoring the Family Smoking Prevention and Tobacco Control Act.

It passed a key health committee earlier this year and likely will come to a vote in the full Senate “early next year,” said Melissa Wagoner, a spokeswoman for Sen. Edward M. Kennedy, D-Mass.

In the House, more than 200 representatives have lined up as co-sponsors, but the bill has not yet emerged from committee. A committee vote could come “early in the new year,” Wagoner said.

Though the proposal has attracted strong support in both the House and Senate, it still faces significant hurdles.

Sen. Richard Burr, R-N.C., who opposes the legislation, earlier this year promised a filibuster if necessary to prevent a vote if it reaches the Senate floor. At least 60 votes are needed to overcome a filibuster.

“He’s going to continue to find a way to improve tobacco products in a way that makes sense and does not harm North Carolina farmers,” said his spokesman Chris Walker.

Should Congress eventually approve it, the Bush administration has signaled its clear opposition to the legislation.

In an October letter to the House health subcommittee, which held a hearing that month on tobacco regulation, FDA Commissioner Andrew von Eschenbach wrote that “approval of tobacco products that are dangerous to health even if used as directed runs directly counter to FDA’s historical
mission to protect and promote public health.”

Rep. Henry Waxman, D-Calif., a lead sponsor of the legislation in the House, discounted that argument at the October hearing.
“Some have raised concerns that FDA is not the right agency for this job. I disagree. No other agency shares FDA's strong, scientific foundation, together with a public health mission and comprehensive regulatory authority,” he said.

Sean Mussenden can be reached at or 202-662-7668.
-- Advertisement --