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2014/7/3

Tobacco Regulation, at Last

The New York Times, June 11, 2009

After more than a decade of struggle — and countless smoking-related deaths —the Senate overwhelmingly approved a bill on Thursday that gives the Food and Drug Administration the power to regulate tobacco products. The House approved a similar bill in April, also by an overwhelming margin. The days when this rogue industry could inflict its harmful products on Americans with impunity are drawing to a close.

This is an enormous victory for public health. For that, we owe thanks to tireless advocacy by the Campaign for Tobacco-Free Kids, a nonprofit organization, and strong endorsements from medical groups.

It still might not have passed without the decision by Philip Morris, the industry leader, to accept regulation. The company apparently believes it can thrive better under regulation than its competitors, who complain that it will now be much harder for them to introduce new products to challenge Philip Morris’s dominance.

The bill is not perfect. It will not allow the F.D.A. to ban cigarettes or nicotine — a concession made years ago to avoid drawing intense opposition from smokers and free-market advocates. But the agency will still have far-reaching powers.

It could order a reduction in nicotine levels and the elimination of other harmful ingredients. Companies will also have to submit lists of all their product ingredients

and disclose research about their health effects. And all new tobacco products will have to get marketing approval from the F.D.A. Most flavorings used to lure first-time smokers would be outlawed.

To the extent allowed by the First Amendment, the regulators could restrict advertising and promotions to children —industry needs to addict them to keep replenishing the population of smokers — and could shape advertisements aimed at adults as well. The agency could prohibit unsubstantiated health claims about supposedly “reduced risk” products and require larger, more effective health warnings on packages and advertisements.

Funds to support tobacco regulation would come entirely from new fees imposed upon the manufacturers, a reasonable step to prevent siphoning money from other vital regulatory activities at the hard-pressed F.D.A.

The Congressional Budget Office estimates that the legislation will reduce youth smoking by 11 per cent over the next decade and adult smoking by 2 percent. That’s a good start, but clearly the regulators will still need help from strong anti-smoking campaigns.

The House is expected to move quickly to approve the Senate version of the bill. There are few substantial differences. And that is the fastest and surest way to get it to President Obama, who is eager to sign it into law.

It has now been proved beyond a shadow of a doubt that cigarette makers have spent decades making false statements, suppressing evidence of harm, and manipulating the design of cigarettes to increase their addictiveness. Federal regulators should be able to stop many of these abuses —and we hope help prevent more Americans from losing their lives to smoking. (477 words)