Among other powers, the bill allows the FDA to restrict the marketing of tobacco and ban candy-flavored cigarettes. It would also allow the agency to regulate nicotine and other ingredient levels, as well as force greater disclosure [image-nocss] of the contents of tobacco products. And it would give the FDA the authority to require the posting of larger warning labels on cigarette cartons and other tobacco products. The FDA also would be able to stop companies from touting their brands as "low tar" and "mild" and restrict advertising to plain black-and-white ads.
The legislation does not, however, give the FDA power to ban existing tobacco products, although it gives it power to restrict sales on safety grounds.
H.R. 1256 would punish retailers if the packaging, labeling or advertising for tobacco products are found to be out of compliance with regulations that are to be determined by the FDA, said the Petroleum Marketers Association of America (PMAA). "Retailers are rarely involved with any of those decisions and should not be punished for manufacturers' mistakes," the group said.
The bill faces an uphill battle in the Senate, where lawmakers from tobacco-producing states oppose the legislation. The bill will be funded by the tobacco industry via higher user fees.
Representative Mike Rogers (R.-Mich.) said he was concerned the bill will overburden the FDA and take away resources from other areas of the agency.
Rep. Henry Waxman (D.-Calif.) said money from the FDA's general fund will be used for only the first six months until the industry fees are adequate to fund the program. Money borrowed from the general fund will be paid back by the user fees, he said.
Senator Edward Kennedy (D-Mass.), chair of the Senate health committee, said in a statement that he was confident the Senate would pass the measure quickly and send it to President Obama to sign, said Reuters. The White House issued a statement on Wednesday saying the Obama administration strongly supported the measure.
Altria Inc.'s Phillip Morris USA, Richmond, Va., supports allowing FDA regulation of tobacco. Winston-Salem, N.C.-based Reynolds American Inc. and the rest of the tobacco industry oppose it.
The House, in a separate 284 to 142 vote, defeated an alternative offered by Rep. Steve Buyer (R-Ind.) to establish a new tobacco regulation center outside the FDA but within the Department of Health & Human Services, said Dow Jones.
Click here for the full text of the bill, HR 1256.
For PM USA's position paper on tobacco regulation, click here.
Andclick here for previous CSP Daily News coverage.
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