FDA Regulation of Tobacco Products

On Wednesday, July 30, 2008, the U.S. House of Representatives passed a bill that would allow the Food and Drug Administration (FDA) to have broad authority over the regulation of tobacco products by a vote of 326-102. The bill, called the Family Smoking Prevention and Tobacco Control Act (H.R. 1108), would give the FDA the authority to regulate the manufacturing, marketing, and distribution of tobacco products in the United States. The purpose of the bill, as provided in the text, includes:

1. the ability of the FDA to set national standards controlling the manufacture of tobacco products and the identify, public disclosure, and amount of ingredients used in such products;
2. new and flexible enforcement authority by the FDA to ensure that there is effective oversight of the tobacco industry's efforts to develop, introduce, and promote less harmful tobacco products;
3. the ability of the FDA to regulate the levels of tar, nicotine and other harmful components of tobacco products;
4. the requirement of tobacco product manufacturers to disclose research which has not previously been made available, as well as research generated in the future, relating to the health and dependency effects or safety of tobacco products;
5. the development of measures to ensure that tobacco products are not sold or accessible to underage purchasers;
6. the promotion of cessation to reduce disease risk and the social costs associated with tobacco-related diseases; and
7. strengthened legislation against illicit trade in tobacco products.

The bill will now go to the full U.S. Senate for a vote this fall. If passed by the Senate, the bill must be signed by the White House in order to become law. The White House, however, has signaled its intention to veto the bill. Read the entire bill at www.govtrack.us.

While attempts to grant FDA authority to regulate tobacco goes back almost 30 years, the push for this legislation dates back more recently to 1995, when Dr. David Kessler, then FDA Commissioner, proposed increased regulations on tobacco product manufacturers. Dr. Kessler tried to impose regulations on the industry but the US Supreme Court overturned them in 2000.

A bill that would have placed tobacco under F.D.A. jurisdiction was passed by the Senate in 2004 but was never approved by the House. The bill that the House approved Wednesday was introduced in both chambers in 2007.