Tobacco

Smoke on the Horizon

Fitch: Proposed FDA regulation could reshape U.S. tobacco industry
CHICAGO -- Fitch Ratings said in a just-released report that it believes there is a strong likelihood that tobacco production and marketing will become regulated and that legislation granting the Food & Drug Administration (FDA) regulatory authority has the potential to alter the tobacco industry's competitive landscape.

The Family Smoking Prevention & Tobacco Control Act, legislation providing a framework for regulating the tobacco industry, passed the U.S. House of Representatives on July 30, 2008. Though Fitch does not expect enactment in 2008, if a Democrat is elected [image-nocss] to the White House, eventual passage of similar legislation is highly probable, it said.

With the exceptions of banning tobacco products, eliminating nicotine content in tobacco and prohibiting the retail sale of tobacco products, the legislation gives the secretary of the Department of Health & Human Services (HHS), as the Cabinet-level head of the FDA, wide-ranging authority to impose regulations. Fitch anticipates further advertising and sale restrictions would lessen the competitive forces between industry participants, benefiting those tobacco companies with substantial market shares.

"During the beginning of a regulatory environment, the tobacco industry is expected to function much as it does today," said Wesley E. Moultrie II, senior director of Fitch Ratings. "Longer term, we are likely to see the industry consolidate further as regulatory compliance imposes a disproportionate burden on smaller players."

Furthermore, the legislation proposes a process for approval of modified-risk tobacco products, providing another impetus for industry change. If modified-risk products gain consumer acceptance, Fitch said it expects they could drastically change the competitive landscape of the industry in favor of early industry innovators.

"In the FDA drug approval process, large well-funded research operations have an advantage," said Christopher M. Collins, associate director of Fitch Ratings. "Philip Morris USA and R.J. Reynolds Tobacco Co. have been forerunners in producing and testing potentially reduced-risk products."

The full report, "FDA Regulation Could Reshape the U.S. Tobacco Industry," is available on the Fitch Ratings web site, www.fitchratings.com.

Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.

Multimedia

Exclusive Content

Snacks & Candy

How Convenience Stores Can Improve Meat Snack, Jerky Sales

Innovation, creative retailers help spark growth in the snack segment

Technology/Services

C-Stores Headed in the Right Direction With Rewards Programs

Convenience operators are working to catch up to the success of loyalty programs in other industries

General Merchandise/HBC

How Convenience Stores Can Prepare for Summer Travel Season

Vacationers more likely to spend more for premium, unique products, Lil’ Drug Store director says

Trending

More from our partners