By NEIL H. SIMON, Media General News Service
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WASHINGTON--A key House panel on Wednesday voted to give the Food and Drug Administration the authority to regulate tobacco.
The overwhelming approval by the House Energy and Commerce committee moved the landmark tobacco legislation one step closer to passage.
Proposals to give the FDA control of nicotine levels, cigarette marketing and health warning labels have lingered in Congress for a decade.
Wednesday’s 38-12 approval marked the furthest advance for the legislation yet, setting the stage for a vote by the full House later this year.
“The time for FDA regulation is now,” said Rep. Rick Boucher, D-Va., a supporter of the legislation.
With 11 Republicans joining the Democratic majority, the bill’s supporters said they were optimistic the legislation would pass the House this year.
“It gives the bill a sense of inevitability,” said Dick Woodruff, director of federal affairs for the American Cancer Society.
But amid the hugs and handshakes after the panel’s vote, public health advocates said the measure had been watered down.
To win Republican support, Democrats delayed stiffer penalties for retailers who sell to minors and exempted from the regulations small tobacco product manufacturers – those with less than 350 employees – for at least four years.
“The committee did what it had to do to get the bill out,” Woodruff said. “We don’t really want the delays, but we can live with it.”
Even if the legislation passes the House, the biggest test still waits in the Senate. Senate Democratic leaders have called it a priority. But sponsors do not yet have the 60 votes needed to prevent opponents from blocking the legislation indefinitely with a filibuster.
“Time is the big issue,” said Derek Scholes, government relations manager for the American Heart Association, because Congress generally slows down during election years.
Despite the obstacles, veteran public health advocates like their odds this year.
“Given the unprecedented support this bill has, we think it’s got the best chance it’s ever had,” Scholes said.
Republicans opponents charged that giving the FDA authority over tobacco would siphon off limited agency resources currently used to police food and regulate drugs.
They tried – unsuccessfully – to put off the new FDA tobacco regulations until the agency increased inspections of the nation’s food supply.
“It is not the role of the FDA, in my opinion, to be the cigarette cops on the beat,” said the committee’s top Republican, Rep. Joe Barton of Texas. Regulating tobacco is “enormous, complex and completely outside its regulatory experience.”
Democrats dismissed that attempt. “How many years do we have to wait – 400,000 people die each year. To wait and wait and wait doesn’t strike me as a wise course,” said Rep. Henry Waxman, D-Calif., the bill’s chief sponsor.
Supporters say the FDA’s new role will not steal resources from its core mission, because the legislation would be funded by cigarette tax increases -- starting at a penny per pack and going up to at least five cents per pack by 2018.
Committee staff estimated the new tax would collect $85 million in the first year, and $712 million per year by 2018.
Other opponents argued that giving the FDA control of tobacco would provide a veneer of safety to an inherently dangerous product.
The legislation has divided the large cigarette makers.
Reynolds American opposes the bill. It says the proposed FDA regulation would give a competitive advantage to its largest rival, Philip Morris USA, and place too many restrictions on marketing of smokeless tobacco products.
“This is not the right approach to establish sound policy around cigarette regulation,” company spokeswoman Maura Payne said.
In an attempt to allay that concern, the committee changed the bill Wednesday to require the Federal Trade Commission to study the economic impact of the legislation after five years.
“Philip Morris USA continues to support tough but reasonable federal regulation of tobacco products,” company spokesman Bill Phelps said. He declined to comment on changes made Wednesday.
The overwhelming approval by the House Energy and Commerce committee moved the landmark tobacco legislation one step closer to passage.
Proposals to give the FDA control of nicotine levels, cigarette marketing and health warning labels have lingered in Congress for a decade.
Wednesday’s 38-12 approval marked the furthest advance for the legislation yet, setting the stage for a vote by the full House later this year.
“The time for FDA regulation is now,” said Rep. Rick Boucher, D-Va., a supporter of the legislation.
With 11 Republicans joining the Democratic majority, the bill’s supporters said they were optimistic the legislation would pass the House this year.
“It gives the bill a sense of inevitability,” said Dick Woodruff, director of federal affairs for the American Cancer Society.
But amid the hugs and handshakes after the panel’s vote, public health advocates said the measure had been watered down.
To win Republican support, Democrats delayed stiffer penalties for retailers who sell to minors and exempted from the regulations small tobacco product manufacturers – those with less than 350 employees – for at least four years.
“The committee did what it had to do to get the bill out,” Woodruff said. “We don’t really want the delays, but we can live with it.”
Even if the legislation passes the House, the biggest test still waits in the Senate. Senate Democratic leaders have called it a priority. But sponsors do not yet have the 60 votes needed to prevent opponents from blocking the legislation indefinitely with a filibuster.
“Time is the big issue,” said Derek Scholes, government relations manager for the American Heart Association, because Congress generally slows down during election years.
Despite the obstacles, veteran public health advocates like their odds this year.
“Given the unprecedented support this bill has, we think it’s got the best chance it’s ever had,” Scholes said.
Republicans opponents charged that giving the FDA authority over tobacco would siphon off limited agency resources currently used to police food and regulate drugs.
They tried – unsuccessfully – to put off the new FDA tobacco regulations until the agency increased inspections of the nation’s food supply.
“It is not the role of the FDA, in my opinion, to be the cigarette cops on the beat,” said the committee’s top Republican, Rep. Joe Barton of Texas. Regulating tobacco is “enormous, complex and completely outside its regulatory experience.”
Democrats dismissed that attempt. “How many years do we have to wait – 400,000 people die each year. To wait and wait and wait doesn’t strike me as a wise course,” said Rep. Henry Waxman, D-Calif., the bill’s chief sponsor.
Supporters say the FDA’s new role will not steal resources from its core mission, because the legislation would be funded by cigarette tax increases -- starting at a penny per pack and going up to at least five cents per pack by 2018.
Committee staff estimated the new tax would collect $85 million in the first year, and $712 million per year by 2018.
Other opponents argued that giving the FDA control of tobacco would provide a veneer of safety to an inherently dangerous product.
The legislation has divided the large cigarette makers.
Reynolds American opposes the bill. It says the proposed FDA regulation would give a competitive advantage to its largest rival, Philip Morris USA, and place too many restrictions on marketing of smokeless tobacco products.
“This is not the right approach to establish sound policy around cigarette regulation,” company spokeswoman Maura Payne said.
In an attempt to allay that concern, the committee changed the bill Wednesday to require the Federal Trade Commission to study the economic impact of the legislation after five years.
“Philip Morris USA continues to support tough but reasonable federal regulation of tobacco products,” company spokesman Bill Phelps said. He declined to comment on changes made Wednesday.