Congress Gives FDA Sweeping New Powers to Regulate Tobacco

Congress has given the Food and Drug Administration sweeping new authority to regulate tobacco and tobacco products. President Obama, who has had his own struggles with a cigarette habit, praised the bill and noted that cigarette addiction, is a life-long struggle.

"We’ve known for years, even decades, about the harmful, addictive, and often deadly effects of tobacco products,” the President said. “Each year Americans pay nearly $100 billion in added health care costs due to smoking. Each day about a thousand young people under the age of 18 become regular smokers."

Smoking accounts for nearly 90% of lung cancer cases. There is evidence that people who smoke are more susceptible to the effects of asbestos exposure and more likely to develop asbestos-related diseases, such as asbestosis and mesothelioma. People who develop asbestosis are advised to quit smoking to prolong their lives.

The new legislation —

· Allows the FDA to change the content of tobacco products to protect public health.

· Bans flavors, such as candy and fruit flavors, that make cigarettes tempting to children.

· Requires in-person, face-to-face sale retail sales of tobacco products to prevent sale of the products to minors.

· Limits advertising such as the “Joe the Camel” cartoons that might be enticing to young people.

· Requires tobacco companies and importers to reveal all product ingredients.

· Requires FDA approval before a new product can be sold in the U.S.

· Requires stronger warning labels.

· Bans expressions such as “light” or “mild” that give the impression certain products are less of a health risk.

· Creates a new tobacco control center within the FDA.

· Requires tobacco companies to pay user fees to fund the new regulations.

Lest you think the entire bill is anti-tobacco, it also prohibits the FDA from banning tobacco products.

Barbara O’Brien
June 15, 2009

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