During the 108th Congress, FDA regulation of tobacco products was debated as a part of a larger debate on a federal tobacco buyout. The House passed a bill that included provisions that provided for a tobacco buyout funded by diverting revenues from the current excise tax on tobacco. The Senate bill paired a manufacturer-subsidized tobacco buyout with provisions to allow the FDA to regulate tobacco. The final bill signed into law in 2004, provided a buyout of tobacco, subsidized by manufacturers, but did not provide FDA the authority to regulate tobacco.
The Energy and Commerce Committee recently marked up and passed legislation (H.R. 1108) to regulate tobacco. H.R. 1108 gives the FDA authority to regulate tobacco products, including labels, advertising and ingredients. Companion legislation has been introduced and reported from the Senate Health, Education, Labor and Pensions Committee in the Senate (S.625).
While I certainly support efforts to keep tobacco out of the hands of minors, I do not believe that FDA regulation of tobacco would help us reach this goal. There are currently a variety of programs sponsored by health groups, businesses and even tobacco companies to educate youth about the effects of tobacco products. I believe such programs should continue and be expanded where needed. Further, tobacco is a legal product for persons over the age of 18 and is currently monitored in some capacity by the Federal Trade Commission, Department of Health and Human Services, Bureau of Alcohol, Tobacco and Firearms, United States Department of Agriculture, Centers for Disease Control, National Institutes of Health, Office of the Surgeon General, and the Interagency Committee on Smoking and Health. Finally, each package of cigarettes contains a warning label that alerts users to health risks associated with tobacco use.
Additionally, I have sponsored legislation (HR 5513) which would strengthen and improve programs aimed at deterring youth smoking. The bill would also encourage states to use Master Settlement Agreement payments for tobacco related measures, instead of funding unrelated programs, and strengthen consumer education programs.
As I have stated on many occasions, I feel that allowing FDA to regulate tobacco in any capacity would inevitably lead to FDA regulating the family farm. Tobacco manufacturers employ many hard-working North Carolinians, including more than 2,000 people in Greensboro, North Carolina. I remain concerned that FDA regulation of tobacco could affect the employees of these companies, as their jobs may be jeopardized should this authority be granted.
