Bill to Have FDA Regulate Tobacco Under Consideration by Congress

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July 26, 2008 - 9:02 pm email to a friend printer friendly view / write comments

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Dr. West

  Congress is preparing to vote on a bill that would give the FDA the opportunity and responsibility to regulate the tobacco industry.  The FDA would have the authority not to eliminate commercial tobacco, but it could eliminate added harmful ingredients while reducing tobacco levels in products.  At the same time, it would have the ability to restrict tobacco advertising.

   While Philip Morris is in favor of this bill, along with the American Cancer Society, American Lung Association, and American Heart Association, the rest of the tobacco industry is against it, as is President Bush. 
 
   There are a few reasons that are offered to not support the FDA overseeing tobacco products in the US.  The first is that the FDA is widely recognized to be insufficiently funded to manage its responsibilities for oversight of food and medicines, so there is concern that this would further over-extend the agency.  But funding for tobacco regulation would be limited to that obtained from “user fees”, money that they industry must contribute for its own oversight.  This is the same arrangement used with the pharmaceutical industry, which leaves some people concerned about a level of conflict of interest when FDA salaries are paid from the companies being regulated, but in an era of declining federal budgets, this is the imperfect system we’ve got.  And it would apply to the tobacco industry too.  But its important to note that if the federal government feels that the FDA has an insufficient budget to do the job, they have the power to change that budget.

   Another perceived problem with this bill that has been noted by its detractors is that it might lead to a tacit condoning of tobacco, suggesting that smoking is healthful or at least not detrimental, particularly if changes were made in the composition of tobacco products.  Adequate education that regulated tobacco is still harmful would be important.  And under this bill, the FDA wouldn’t permit tobacco companies to market cigarettes as “FDA approved”. 

   At this point, there is bipartisan support for this bill in both the House (which will be voting next week) and the Senate.  But with the president expressing clear opposition to the bill, it will need a veto-proof margin to be enacted into law.  We’ll see how that goes…

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