No smoking: Vote could bring new limits
Historic anti-smoking vote grants new power over marketing, ingredients
AP
Thurs., June 11, 2009
WASHINGTON - The Senate struck a historic blow against smoking in America Thursday, voting overwhelmingly to give regulators new power to limit nicotine in the cigarettes that kill nearly a half-million people a year, to drastically curtail ads that glorify tobacco and to ban flavored products aimed at spreading the habit to young people.
President Barack Obama, who has spoken of his own struggle to quit smoking, said he was eager to sign the legislation after minor differences with a House version are worked out — and the House planned a vote for Friday. Cigarette foes said the measure would not only cut deaths but reduce the $100 billion in annual health care costs linked to tobacco.
Fierce opposition by the industry and tobacco-state lawmakers had prevented passage for years, along with veto threats by the George W. Bush White House. In the end, the nation's biggest tobacco company supported the measure, though rivals suggested that was because it could lock in Philip Morris' share of the market.
Cigarette smoking kills about 400,000 people in the United States every year, according to the Centers for Disease Control and Prevention. About 45 million U.S. adults are smokers, though the prevalence has fallen since the U.S. surgeon general's warning 45 years ago that tobacco causes lung cancer.
The legislation, one of the most dramatic anti-smoking initiatives since the surgeon general's report, would give the Food and Drug Administration authority to regulate the content, marketing and advertising of cigarettes and other tobacco products.
"This legislation represents the strongest action Congress has ever taken to reduce tobacco use, the leading preventable cause of death in the United States," declared Matthew Myers, president of Campaign for Tobacco-free Kids.
The 79-17 Senate vote sent 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 Obama, who said Thursday that final passage "will make history by giving the scientists and medical experts at the FDA the power to take sensible steps."
"At any given moment, millions are struggling with their habit or worrying about loved ones who smoke," said Obama.
His signature would then add tobacco to other huge, nationally important areas that have come under greater government supervision since his presidency began. Those include banking, housing and autos. Still to come, if Congress can agree: health care.
New rules and regulationsSupporters of FDA regulation of tobacco have struggled for more than a decade to overcome powerful resistance — from the industry and elsewhere. In 2000 the Supreme Court ruled 5-4 that the agency did not have the authority under current law to regulate tobacco products, and the Bush administration opposed several previous efforts by Congress to write a new law.
Thursday's legislation gives the FDA power to evaluate the contents of tobacco products and to order changes or bans on those that are a danger to public health. The agency could limit nicotine yields but not ban nicotine or cigarettes.
Regulators could prohibit tobacco companies from using candy or other flavors in cigarettes that tend to attract young smokers, and restrict advertising in publications often read by teenagers. Rules on sales to minors would be toughened, as would warning labels. Tobacco companies would have to get FDA approval for new products, and would be barred from using terms such as "light" or "mild" that imply a smaller health risk.
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.
The bill, said American Heart Association CEO Nancy Brown, "provides a tremendous opportunity to finally hold tobacco companies accountable and restrict efforts to addict more children and adults."
The tobacco lobby, contended Durbin, has long been the most powerful lobby on Capitol Hill, "and they managed to create an exemption in virtually every law so that no federal agency could take a look at them and regulate them."
But the industry has also taken hits in recent years as the dangers of smoking became more apparent and states moved to limit smoking in public places. In 1998 the industry agreed to pay the states $206 billion to help cover health care costs, and this year Congress raised the federal cigarette tax by 62 cents, to $1.01 a pack, to fund a health care program for children.
Reducing health care costsThe nation's largest tobacco manufacturer, Philip Morris, USA, has come out in support of the legislation. Its parent company, Altria Group, said in a statement that on balance, "the legislation is an important step forward to achieve the goal we share with others to provide federal regulation of tobacco products."
Its main rivals, however, have voiced opposition, arguing in part that FDA restrictions on new products will lock in Philip Morris' share of the market.
Lawmakers portrayed the bill as a major first step in bringing down health care costs, an essential goal of the health care overhaul legislation that is the top priority of the Obama administration this year.
"This bill may do more in the area of prevention, if adopted, than anything else we may include in the health care bill in the short term," said Sen. Christopher Dodd, D-Conn., who managed the legislation on the Senate floor in the absence of the ailing Sen. Edward Kennedy, D-Mass., who has long promoted FDA regulation.
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.
http://www.msnbc.msn.com/id/31233307_______________________________________________
Tobacco bill a sharp change for lawmakersFDA could soon regulate ingredients, marketing, ads for tobacco products
AP
Thurs., June 4, 2009
WASHINGTON - In the half-century since the surgeon general issued his culture-changing report linking smoking to lung cancer, the tobacco industry has had little trouble defeating efforts to regulate cigarettes and other products. That could change this year.
The Senate is debating legislation that would give the Food and Drug Administration authority to control ingredients going into tobacco products, restrict marketing and ads aimed at young people, and ban words such as "light" or "low tar" that may mislead people about the health risks of smoking.
The legislation, said Matthew Myers, president of Campaign for Tobacco-Free Kids, is "by far the strongest bill to reduce tobacco use that this nation has ever seriously considered."
Myers and other supporters, such as the American Heart Association and the American Lung Association, say the stars may finally be aligned for decisive action on the tobacco issue. The House passed a similar bill by a wide margin and President Barack Obama supports it. It also commands a majority in the Senate, although tobacco-state senators say they won't give up without a filibuster fight.
Previous restriction efforts limitedFederal dependence on the tobacco industry goes back at least to the post-Civil War era, when a tobacco tax became an important revenue source. Franklin Roosevelt made tobacco a protected crop and cigarettes were included in the C-rations of World War II soldiers, introducing smoking to millions of young men.
The 1964 surgeon general's report made official what many people already suspected — that smoking is deadly — but the next year Congress, under pressure from the industry and tobacco-state legislators, succeeded in watering down new health warning labels on cigarette packs.
In 1969, Congress did ban cigarette ads on television and radio but at the same time ended free anti-smoking ads on the airways and restricted the authority of the Federal Trade Commission to require stronger warning labels.
Myers said that the first time Congress acted in opposition to the tobacco industry was in 1984, when it passed legislation to strengthen warning labels.
In the late 1980s and again in 1990, lawmakers agreed to ban smoking on commercial air flights. "It was such a radical change," said Sen. Frank Lautenberg, D-N.J., of that initial effort to prohibit smoking in a public area. Since then, he said, "we've had to creep and crawl every step of the way."
But popular attitudes toward smoking have been changing. Cigarette smoking has dropped from 51 percent of men and one-third of women in 1965 to 24 percent of men and 18 percent of women in 2006.
States have also taken the lead in banning smoking from public areas. Nancy Brown, head of the American Heart Association, noted that North Carolina, the country's biggest tobacco producer, recently passed one of the nation's toughest clean indoor air acts.
The regulation battle takes a turnOne turning point came in 1994 when tobacco company CEOs, at a hearing held by anti-smoking champion Rep. Henry Waxman, D-Calif., one after another denied that smoking was addictive.
With that, said Brown, "people realized that the tobacco industry will stop at nothing to deceive Americans."
In 1996, the FDA sought to assert jurisdiction over tobacco products, beginning a legal battle that continues to this day.
The next year, Sen. John McCain, R-Ariz., fell three votes short of overcoming a filibuster of legislation approving a massive settlement deal between major tobacco companies and the states and including FDA authority.
With that defeat, a more narrow deal was reached the next year under which the companies agreed to pay the states $206 billion for health care costs and anti-smoking campaigns.
The Supreme Court in a 5-4 vote in 2000 ruled that the FDA did not have the authority under current law to regulate tobacco. Since then the House and Senate have both approved bills giving legal status to the FDA but have not been able to agree on a common bill.
FDA authority was stripped out of the final version of a 2004 act signed by President George W. Bush that ended a Depression-era price support system for tobacco growers, replacing it with a buyout program that provided an incentive for many tobacco farmers to switch to other crops.
The decrease in tobacco farmers and workers in the tobacco industry is one reason the FDA bill is meeting less resistance from tobacco-state lawmakers this time around. Another is the realization that reducing the costs of tobacco-related health problems, estimated at nearly $100 billion a year, is essential to the drive to overhaul the nation's health care system.
Still, old habits die hard. It was only last year that Lautenberg persuaded the Senate to stop selling tobacco products at its shops and close all of its smoking rooms.
http://www.msnbc.msn.com/id/31100432/______________________________________________
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By Halimah Abdullah,
Mcclatchy Newspapers – Thu Jun 11, 7:14 pm ET
WASHINGTON — Among the 17 senators who voted against allowing the Food and Drug Administration to regulate tobacco are some of the top recipients of campaign contributions from the tobacco industry, which has donated millions of dollars to lawmakers in the past several campaign cycles.
Over the course of his nearly quarter-century Senate career, Minority Leader Mitch McConnell , who hails from the tobacco-rich state of Kentucky , has received $419,025 from the tobacco industry, more than any other member of Congress , according to the Center for Responsive Politics , a nonprofit, nonpartisan organization that analyzes the influence of money on politics and policy.
North Carolina Republican Sen. Richard Burr , who led the opposition to the bill, is the second highest recipient and netted $359,100 from tobacco-related political action committees and individual contributions. His state is the nation's largest tobacco grower and is home to R.J. Reynolds , the nation's second largest tobacco manufacturing company, which contributed $196,850 to Burr's campaigns.
Georgia Sen. Saxby Chambliss , the ranking Republican on the Senate Agriculture Committee , is the third highest recipient with $228,700 . Kentucky Sen. Jim Bunning , who's up for re-election next year and is considered the most vulnerable Senate Republican, ranks eighth with $194,166 .
All oppose giving additional tobacco regulatory powers to the FDA , an agency they argue doesn't have adequate resources for the task. They say cigarette companies' campaign contributions didn't color their positions on the legislation.
The measure passed the Senate Thursday on a vote of 79-17.
"I voted against the FDA tobacco bill because I'm opposed to the overregulation of an industry that's already highly regulated, from farmer to manufacturer," Chambliss said. "The bill saddles the already overburdened FDA with even more oversight duties, and does nothing to reduce the rate of smoking among Americans — cigarettes already on the shelves will remain on the market."
Burr, who's received nearly $196,850 from Reynolds , worked with Sen. Kay Hagan , D- N.C. , for a week to stymie the FDA regulation bill. Their amendment, which was defeated 60-36, would have created a new agency to regulate tobacco, with fewer restrictions than the underlying bill.
Virginia Democratic Sens. Mark Warner and Jim Webb supported the measure, as did Altria Group , the Richmond, Va. , company that owns Philip Morris . Altria contributed $78,418 to Warner.
"We think it's important to stay active in the political process," said William Phelps , an Altria spokesman. "We're proud of our commitment to the political process on behalf of our employees and shareholders."
Critics say the measure gives Altria a competitive advantage in using its deep coffers to meet FDA requirements.
McConnell staffers point out that though Altria contributed $79,650 to his campaigns, the senator's opposition to the measure differed from the company's stance.
"Mandating the FDA to regulate and approve the use of tobacco would be a distortion of the agency's mission and a tremendous misuse of its overstretched priorities," McConnell said. "We should focus FDA resources on protecting the public health, not burdening it with an impossible assignment."
Contributions to federal candidates, committees and parties from the industry have fallen dramatically since the late 1990s, when companies gave almost $10 million each year, according to the Center for Responsive Politics . In 2006, the tobacco industry donated $3.5 million , with Altria Group and Reynolds American contributing the most. Donations from the industry overwhelmingly favor Republicans, who lost control of Congress in 2006 after more than a decade of dominance.
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Time
By KATE PICKERT / WASHINGTON
6/12/09
The U.S. Senate on Thursday struck the most devastating legislative blow in history to Big Tobacco, giving the Food and Drug Administration (FDA) authority over the industry. The new bill, which passed in the House in April, includes tough new restrictions on advertising like allowing only black-and-white text ads in magazines with substantial youth readerships, mandates that manufacturers prove or stop using claims like "light" and "low tar," bans flavored cigarettes (except menthol) and makes provisions for large, graphic warning labels. So why, then, is tobacco giant Philip Morris, unlike its industry brethren, celebrating the unprecedented oversight?
When Senator John McCain introduced FDA regulatory legislation in 1998, the company spent a reported $100 million successfully fighting it. But since then, Philip Morris has had a crucial realization. With 50% of the U.S. tobacco market already safely in the company's pocket - and more than 50% of 18- to 25-year-old smokers loyal to its top brand, Marlboro - restrictive legislation will effectively lock in its market dominance, preventing any competitors from taking a bite out of Philip Morris' very lucrative business.
(See vintage cigarette propaganda.)
The company's main rival, R.J. Reynolds, manufacturer of Camel cigarettes, is still in dismay over Philip Morris' reversal from regulation opponent to champion, and the third largest cigarette manufacturer, Lorillard, has labeled the legislation the Marlboro Monopoly Act. Both argue that as the new restrictions cut off most remaining avenues available for advertising and ban marketing stunts like free-sample cigarette giveaways, the companies' ability to "communicate" (i.e., gain market share) with potential and existing smokers about their products will be blocked. In addition, the administrative costs of complying with FDA regulations favor large manufacturers over smaller ones.
But there's another key reason Philip Morris lobbied hard for FDA regulation, aligning itself with strange bedfellows like the Campaign for Smoke-Free Kids, the American Lung Association and longtime antismoking crusaders Senator Ted Kennedy and Representative Henry Waxman. "Philip Morris wants the public-health community to join them in finding the holy grail: the safe cigarette," says Gregory Connolly, a tobacco expert and professor at the Harvard School of Public Health. Simply put, figuring out how to produce a less harmful tobacco product and getting an FDA seal of approval could open up a whole new, potentially huge consumer market.
There is nothing in the FDA legislation that expressly favors Philip Morris when it comes to innovation and new product development, but the company has far deeper pockets, putting it at a distinct advantage over its competitors. In 2007, the same year that nearly identical FDA legislation was introduced in Congress, Philip Morris opened a 450,000-sq.-ft. (42,000 sq m) research facility in Richmond, Va. The complex is filled with hundreds of employees, including scientists studying new tobacco technologies that Philip Morris is hoping to get through the new FDA approval process.
"Working on products that are potentially less harmful is something we've been working on for some time," says company spokesman William Phelps. A June 10 market-research report from the firm Fitch Ratings says Philip Morris spent $232 million on tobacco research and "reduced-harm products" in 2008. And just in case the FDA agrees with Big Tobacco (and some scientists) that chewing instead of smoking the leaf is "safer," Philip Morris and R.J. Reynolds have acquired the largest and second largest chewing-tobacco companies, respectively, in the past four years.
(See a video of France's smoking ban.)
This support of increased government oversight, which Philip Morris first endorsed in 2001, has given even some backers of the bill pause. "It is a concern that the tobacco industry is involved" in the legislation, admits David Burns, a leading tobacco researcher who has testified in court that "light" cigarettes are no less harmful than regular ones and has conducted studies for the World Health Organization and U.S. government. Big Tobacco "has a very dark and aggressive history of trying to change both science and public policy to its economic favor," he says. Still, like the vast majority in the public-health community, Burns is in favor of FDA regulation that will hold tobacco companies responsible for the claims they make. (The tobacco industry will have nonvoting seats on a new FDA scientific-advisory board for tobacco issues to be created under the legislation.)
Waxman, chairman of the House Energy and Commerce Committee and a champion of the new legislation, says while "there is no such thing as a safe cigarette," the FDA regulatory structure will allow for research into how to reduce the harm of tobacco. "It's unusual to be on the same side as Philip Morris," he admits. "But their reasons are not our reasons. The bill is a good bill. If they happened to support it, that's fine with me."
But the notion that it's even possible to "reduce the harm" of tobacco is making some public-health officials bristle, even as tobacco executives' mouths are watering. "If we get someone to quit, it's far better than giving someone something with lower levels of toxins. You may delay it, but you're still going to die," says Connolly. (Despite his concerns, Connolly supports the new regulatory bill.) Critics also worry that having an implied stamp of approval on tobacco products from the FDA - which has traditionally governed the manufacture and sale of things like cosmetics, food and pharmaceuticals deemed safe - could give the misleading impression that cigarettes aren't health hazards.
Still, after all the negative publicity and revelations about Big Tobacco over the past two decades, it's hard to imagine there's a whole untapped market of Americans who will jump at the chance to enjoy supposedly "harm-reduced" tobacco and nicotine. But when the alternative is fighting a (money-) losing battle against regulation, it's a gamble Philip Morris is happy to take.