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March 9, 2009

New Bill Would Give FDA Authority Over Tobacco Products

Under a new bill that has passed in the House Energy and Commerce Committee and is heading to the full House, tobacco products may be regulated by the FDA. The Family Smoking Prevention and Tobacco Control Act would give the FDA the authority to regulate tobacco products of all sorts.
According to an article recently posted by David Clissold, this new bill, if passed, will provide much greater transparency into what ingredients go into tobacco products, how these products are advertised, and what research is available about their health impacts.

The bill would “freeze” the world of tobacco products as it existed on February 15, 2007.  Any tobacco product that was not marketed before that date would be a “new” tobacco product.  In order to market a “new” tobacco product, a manufacturer would have to obtain premarket approval from FDA via an application containing full reports of all information concerning the health risks of the new product.
Manufacturers would be required to submit to FDA a list of ingredients in every brand of cigarette.  If requested by FDA, manufacturers would be required to submit “any and all documents” relating to research activities for tobacco products, ingredients, components, and additives, including marketing research and underlying financial information.

This bill comes after years of FDA attempts to gain control over the tobacco industry. In 1996, the FDA attempted to assert authority over the tobacco industry under the Food, Drug, and Cosmetic Act. The tobacco industry fought back. In June of 2000, the Supreme Court said that Congress had not expressly given the FDA legal authority to regulate the tobacco industry, and that the Congress must specifically enact legislation to allow the FDA to regulate tobacco.

This bill is the legislature specifically allowing the FDA to regulate tobacco.

More on the history of the federal regulation of tobacco

The Campaign For Tobacco Free Kids greatly supports this bill. They feel that the additional regulation will make it far more difficult for children to obtain and use tobacco products.

March 9, 2009 in Legislation | Permalink


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The FDA should control tobacco. Anything ingested as addicting as tobacco is obviously a drug.

Posted by: Roger101 | Oct 14, 2009 2:13:42 PM

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