FDA One Step Closer To Increased Tobacco Regulation

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KEVIN FREKING | April 2, 2008 06:07 PM EST | AP

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WASHINGTON — Congress on Wednesday moved a step closer to handing the Food and Drug Administration broad new authority to regulate tobacco products, despite concerns voiced by many lawmakers that the agency cannot handle its current workload.

The House Energy and Commerce Committee voted 38-12 for legislation that would allow the FDA to reduce nicotine levels and require larger and more informative health warnings on cigarette packs. A Senate committee has already approved similar legislation.

Energy and Commerce Committee Republicans were divided on the legislation, with 11 voting for it. Those who opposed it said the agency has had enough trouble ensuring the safety of the nation's food supply and medicine.

"This legislation, if it becomes law, would require the FDA to take on a task that is enormous, complex and completely outside its regulatory experience," said Rep. Joe Barton, R-Texas, the ranking Republican on the committee. "It will almost necessitate a diversion from its core functions."

Barton said the Federal Trade Commission was better suited for the job.

But Rep. Henry Waxman, D-Calif., said the "unfortunate state of affairs" at the FDA did not mean the agency should ignore the harms of tobacco.

"It simply means that when we give the agency this additional responsibility, we also must give it the resources necessary to handle the job and to handle it well," Waxman said.

To address concerns about resources, the legislation calls for the assessment of user fees on tobacco companies. The assessments could initially generate $90 million this year. By 2018, that amount would increase to $755 million. Aides said the fees would be assessed based on market share.

Health groups have been highly supportive of the legislation.

"This bill will put a stop to decades of Big Tobacco marketing, aimed at addicting each new generation of young people to their deadly products," said Daniel Smith, president of the American Cancer Society Cancer Action Network.

More than 400,000 people die from smoking-related illnesses each year. Rep. Jane Harman, D-Calif., noted that both of her parents died from lung cancer, and she asked lawmakers to consider the financial toll that additional smokers generate when they come down with smoking-related illnesses.

Proponents say various aspects of the legislation would deter people from taking up cigarettes or from using cigarettes that they may view as less dangerous because of their labeling.

The legislation would ban candy-flavored cigarettes, which attract younger smokers. It would also prohibit terms such as "light" or "mild" which many consumers mistakenly believe means the products are safer.

The Bush administration has voiced qualms about giving the agency responsibility for tobacco regulation because some people could get a false sense of security about the safety of tobacco products.

For decades, the FDA said it lacked authority to regulate tobacco so long as cigarette makers did not claim that smoking provided health benefits. In 1996, it reversed course and cited new evidence that the industry intended its products to feed the nicotine habits of the roughly 45 million Americans who smoke.

Tobacco companies sued, and the case eventually landed in the Supreme Court. In 2000, the court ruled 5-4 that Congress did not authorize the FDA to regulate tobacco.

Some smaller tobacco manufacturers endorsed the legislation after it was amended so that they would have more time to meet new testing and reporting requirements.

The National Association of Convenience Stores also said it would no longer oppose the bill, though the trade group stopped short of endorsing it. Lawmakers amended the legislation so that retailers getting orders to stop selling tobacco because they illegally sold tobacco to minors could have the orders modified or terminated if it's determined they took effective steps to prevent such sales.

Also, some lawmakers representing districts with a strong tobacco farming presence voted for the bill after it was amended so that products containing foreign-grown tobacco would have to meet the same standards applied to domestically grown tobacco.


 
 

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- SlippingInTheDip See Profile I'm a Fan of SlippingInTheDip

and cigarette TAX will once again go UPPPPPppppppppppp

    Favorite    Flag as abusive Posted 05:55 AM on 04/04/2008
- ControlledBurn See Profile I'm a Fan of ControlledBurn

Reducing nicotine would lead to MORE smoking to get a fix. I think they should ramp up the nicotine to the point that one a day would be enough to satisfy anyone.

    Favorite    Flag as abusive Posted 02:43 PM on 04/03/2008
- PresidentJoe See Profile I'm a Fan of PresidentJoe

That's not how nicotine addiction works, at least not for many people. When I quit about 10 years ago, I used a method described in the book "Switch Down & Quit: What the Cigarette Companies Don't Want You to Know About Smoking" (described at http://home.att.net/~rdavis2/smoke.html ). I found that each time I switched to a slightly lighter brand, I would try to compensate for the lower nicotine level for a few days. But just as the author described, my body seemed to adjust to the lower level of nicotine and I returned to my old smoking habits within a week. Using this method, I switched from Kool Milds (about .9 mg nicotine and 11 mg tar) to Carlton Ultra-Lights (about .1 mg nicotine and 1 mg tar). There is no way that was compensating to get the same tar and nicotine out of the Carltons as I had the Kools.

In a recent article at http://www.washingtonpost.com/wp-dyn/content/article/2007/03/06/AR2007030600583.html, Dr. Neal Benowitz mentions a recent small study sponsored by the National Cancer Institute that suggests that a gradual reduction can wean smokers from the habit. At the very least, this would suggest that prior studies that suggested otherwise do not apply to all smokers.

    Favorite    Flag as abusive Posted 01:49 AM on 04/04/2008
- mydogshakespeare See Profile I'm a Fan of mydogshakespeare

But WAIT! A recently publicized study from the Netherlands showed that it cost the government MORE MONEY to keep a non-smoker alive than a smoker. That's because providing smokers' end-of-life care was significantly lower, the result of aggressive disease.

    Favorite    Flag as abusive Posted 01:58 PM on 04/03/2008
- maggiemae656 See Profile I'm a Fan of maggiemae656

From what I've heard, there's a problem with the monitoring of food and drugs being imported, and that the FDA will need to expand in order to plant themselves in foreign countries for inspection purposes. From what we hear, our water is contaminated, we have drugs on the market that are debilitating and killing people, and the FDA cannot possibly handle what's already on their plate.

This is a sign of a system out of control, and a classic example of a government that is furthering their so-called relevance by pushing agendas for appearance sake. I say take care of the duties that are currently assigned before adding more. This article describes a cry for help with regards to the lack of resources available. What is wrong with Congress? Why are they spending their time and efforts trying to advance push something that is adversarial to the citizens of this country who chose to smoke, all the while ignoring the serious problems with the drug industry with regards to compliance with safety?

    Favorite    Flag as abusive Posted 07:28 AM on 04/03/2008
- PresidentJoe See Profile I'm a Fan of PresidentJoe

I was interested to hear that the legislation would allow the FDA to reduce nicotine levels. I quit smoking about 10 years ago using a method described in the book "Switch Down & Quit: What the Cigarette Companies Don't Want You to Know About Smoking", by Dolly D. Gahagan. The method is to switch to a slightly lighter brand of cigarette (measured by nicotine content) every three weeks or so and is described at http://home.att.net/~rdavis2/smoke.html . To determine the nicotine content, I used an FTC report titled "Report of Tar, Nicotine, and Carbon Monoxide of the Smoke of 1206 Varieties of Domestic Cigarettes For the Year 1994". However, the FTC stopped releasing tar and nicotine figures in 1999. According to an article at http://freegovinfo.info/archive/200608 , they continued collecting data on nicotine but have not published reports on the findings.

Why did they stop releasing the data? I would guess that it has to do with a number of studies that claimed that switching to lighter cigarettes provided no health benefits and/or did not help smokers to quit. In any case, I see no reason why the FTC should not release the tar and nicotine data that they are gathering. They can always include warnings and disclaimers as are included with other information and products. That would seem better than denying smokers the information that their very tax dollars are paying to collect.

    Favorite    Flag as abusive Posted 02:45 AM on 04/03/2008
- philipwitak See Profile I'm a Fan of philipwitak


Ohhhh! What a gutsy move.

    Favorite    Flag as abusive Posted 01:17 AM on 04/03/2008
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