A representative of the press office for the House Committee on Energy & Commerce confirmed for CSP Daily News that although the bill is not yet on the committee schedule, it is near the top of its to-do list. "Chairman Henry Waxman [D-Calif.] has made it known that this bill is a priority, and he does intend to address it sooner rather than later," she said.
This legislation will give the FDA the legal authority it needs to prevent tobacco advertising that targets children, to prevent the sale of tobacco products to minors, to help smokers overcome their addiction, to identify and reduce the toxic constituents of tobacco products and tobacco smoke for those who continue to be exposed to them, to regulate claims about reduced risk tobacco products and to prevent the tobacco industry from misleading the public about the dangers of smoking.
The legislation empowering the FDA to regulate tobacco had passed by wide measures in the Senate in 2004 and in the House last July, but faced opposition from the Bush administration. The proposal's broad range of supporters includes the industry sales leader, New York City-based Altria Group Inc.'s Philip Morris USA, although other cigarette makers oppose it.
The legislation empowering the FDA to regulate tobacco had passed by wide measures in the Senate in 2004 and in the House last July, but faced opposition from the Bush administration. The proposal's broad range of supporters includes the industry sales leader, New York City-based Altria Group Inc.'s Philip Morris USA, although other cigarette makers oppose it.Although legislative language has not yet been released, the National Association of Convenience Stores (NACS) said that it is confident that the provisions it negotiated on behalf of retailers in the last Congress will be included in the legislation. Committee members are reportedly considering a number of amendments to the legislation. Last year, when NACS negotiated provisions important to retailers with Waxman, the association pledged to remain neutral so long as those provisions remained in the legislation. Consequently, if the bill includes these provisions, NACS will not be supporting any amendments.Last year, NACS secured inclusion of the following provisions:Level Playing Field Internet Sellers: The FDA will require Internet sellers to verify the age of their purchasers and to regulate the advertising that Internet sellers may offer. Native American Sellers: The FDA will enforce its provisions against Native American tribes. Signage: Tobacco stores must comply with the same advertising restrictions as other retailers and the FDA can make other adult-only facilities (like bars and night clubs) comply with those same restrictions as long as doing so doesn't violate the First Amendment. Smoking Cessation Products: No restrictions exist on the types of locations that can sell smoking cessation products, as long as those locations verify age.Procedural Safeguards Due Process: Retailers can have their concerns about an alleged violation heard in person at a federal (or, if a no tobacco sale order may be imposed, state or county) facility convenient to that retailer. Effective Notice: The FDA will provide retailers a notice of violation before conducting any follow-up compliance check. Delivery of Notice: Retailers can specify where they would like notices of violation delivered to ensure that they get into the right hands, and retailers have an opportunity to take corrective action.Incentives for Compliance and Training Programs No Tobacco Sale Orders: In determining whether to impose or modify a no tobacco sale order, the FDA must take into account if a retailer has a compliance and training program in place. Fines: The bill imposes lower fines for the first three violations if the retailer has a compliance and training program in place.Protecting Against Double Fines State Fines Counted: The FDA will consider the monetary penalty imposed by the state in mitigating the amount of any federal fine imposed for the same violation.Fair Boundaries for Retailer Liability Warning Labels on Packs: The bill does not make retailers liable for problems with warning labels on packs of cigarettes and smokeless tobacco unless the retailer acts like a manufacturer in controlling the label statements, sells illegal product or alters the label statements. Warning Labels on Ads: The bill does not make retailers liable for problems with warning labels on ads unless the retailer alters the warning.
Click herefor the Committee on Energy & Commerce website.
Click herefor previous CSP Daily News coverage of tobacco regulation.
Andclick here for previous coverage of SCHIP.
Meanwhile, 26 of the nation's leading tobacco control researchers and policy experts have called for regulatory control of all tobacco products. They also called for policies that encourage current tobacco users to reduce their health risks by switching from the most to the least harmful nicotine-containing products. This group met in a two-year process they called The Strategic Dialogue on Tobacco Harm Reduction. (See story in this issue of CSP Daily News.)
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