WASHINGTON -- Last Thursday, Senator Edward M. Kennedy (D-Mass.), Representative Henry A. Waxman (D-Calif.), Senator John Cornyn (R-Texas) and Representative Tom Davis (R-Va.) introduced the Family Smoking Prevention & Tobacco Control Act.
It will give the U.S. Food & Drug Administration (FDA) the authority to regulate tobacco products in order to prevent tobacco advertising that targets children, prevent the sale of tobacco products to minors, help smokers overcome their addiction, identify and reduce the toxic constituents of tobacco products [image-nocss] and tobacco smoke for those who continue to be exposed to them, regulate claims about reduced-risk tobacco products and prevent the tobacco industry from misleading the public about the dangers of smoking, they said.
Chairman Kennedy will convene a hearing on the legislation in the Health, Education, Labor & Pensions Committee on February 27.
Meanwhile, in a statement, New York City-based Altria Group Inc. and its domestic tobacco company, Richmond, Va.-based Philip Morris USA, reaffirmed its longstanding support for granting the FDA authority to effectively regulate tobacco products, and urged Congress to take quick action on the legislation.
"The Kennedy/Cornyn and Waxman/Davis FDA bills set forth a comprehensive national tobacco policy that could potentially, and most importantly, create a competitive environment focused on reducing the serious harm tobacco products cause," said Steven C. Parrish, senior vice president of corporate affairs for Altria. "The strong views and concerns expressed recently about tobacco policy highlight the growing public consensus for Congress to enact broad regulation of tobacco products."
He added, "We wholeheartedly support the FDA legislation introducedin its entirety. This thoughtful legislative approach offers the best way to advance real solutions to the many complex issues involving tobacco."
The companies believe the legislation would also bring predictability and clear standards to the tobacco industry in the United States. "FDA regulation creates a uniform set of federal standards for the manufacture and marketing of all tobacco products," said Michael E. Szymanczyk, chairman and CEO of PM USA. "In addition, regulation will provide clear guidelines and oversight of products that could potentially reduce the harm caused by tobacco use."
He added, "This legislation will deliver its greatest benefits to tobacco consumers by providing a new framework within which manufacturers can focus on reducing the harm of their products. As in any industry, the companies that do the best job of exceeding their consumers' expectations, while meeting regulatory standards, will also achieve the best business results; however, we think the consumer will be and should be the primary beneficiary of FDA regulation."
The FDA legislation introduced has significant breadth and depth to provide a framework and standards for the manufacturing and marketing of all tobacco products, Altria said. Key legislative provisions, among many, include:
Regulation of nicotine. The FDA would have authority to reduce nicotine yields and to reduce or eliminate harmful smoke constituents or harmful components of tobacco products; Authority for the FDA to regulate descriptors such as "light" and "low tar"; Changing the language of the current cigarette and smokeless tobacco product health warnings, enlarging their size and granting FDA authority to require new warnings in the future; Full disclosure of ingredients added to tobacco products; Authority for the FDA to require ingredient testing and to remove harmful ingredients; Authority for the FDA to do more to prevent minors from using tobacco products; Authority to establish standards for products that could potentially reduce the harm caused by tobacco products and to define the appropriate ways to communicate about these products; and A ban on the sale of candy and fruit-flavored cigarettes.David Howard, spokesperson for R.J. Reynolds Tobacco Co., said that the company opposes the bill because it would give PM USA an unfair market advantage. Advertising restrictions "wouldn't enable us to effectively communicate with adult tobacco consumers," he told the Louisville, Ky., Courier-Journal.
Greenwich, Conn.-based UST Inc., the parent of U.S. Smokeless Tobacco Co. Inc. (USST), also issued a statement opposing the legislation. Initial reports indicate that the bill, as introduced, remains essentially unchanged from similar legislation proposed in 2004. While we do not support this bill as introduced, we look forward to participating in an open and cooperative dialogue as the legislative process progresses that would ultimately result in legislation that we can support," said Murray S. Kessler, president and CEO.
He added, As previously disclosed, the company is not opposed to FDA regulation that addresses public health concerns and takes into account the distinct differences between smokeless tobacco and cigarettes while permitting the company to continue to communicate responsibly with tobacco-interested adults and responsibly manufacture, market and sell high-quality, 100% American-made smokeless tobacco products to adult consumers.
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