Maloney Applauds House Passage of Tobacco Bill

Washington – Congresswoman Carolyn B. Maloney (D-NY) hailed the House passage today of the Family Smoking Prevention and Tobacco Control Act (H.R. 1256). The bill for the first time gives the Food and Drug Administration (FDA) the power to regulate the advertising, marketing, and manufacturing of tobacco products. The Senate approved its version of the legislation yesterday; the bill now heads to President Obama’s desk for his signature, which is expected shortly.

“It’s outrageous that until now the FDA couldn’t regulate tobacco, the number-one cause of preventable deaths in America,” Rep. Maloney said. “Thanks to the strong reforms in this bill, fewer kids will take up smoking, and fewer Americans will die or suffer from chronic illnesses because of tobacco. This legislation is a truly historic and long-overdue victory for public health.”

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Family Smoking Prevention and Tobacco Control Provisions

Grants FDA authority to regulate tobacco products. The bill grants the FDA the authority to regulate the advertising, marketing, and manufacturing of tobacco products, such as cigarettes, cigars and smokeless or “chewing” tobacco.

Includes authority to restrict tobacco marketing. Under the bill, the FDA is given authority to develop regulations that place restrictions on the advertising and promotion of a tobacco product consistent with, and to the full extent permitted by, the First Amendment to the Constitution.

Requires detailed disclosure of tobacco product ingredients. The bill requires tobacco companies to disclose to the FDA the ingredients in each tobacco product, giving the FDA the information needed to begin reducing the harm caused by tobacco products and educating the public about the health effects of tobacco use.

Allows FDA to require changes in tobacco products to protect the public health. FDA would be granted authority to require changes in current and future tobacco products to protect public health, such as the reduction or elimination of harmful ingredients, additives and constituents. FDA would be granted authority to reduce nicotine, but would not be allowed to require the reduction of nicotine in a tobacco product to zero or to ban a class of tobacco products.

Strictly regulates “reduced harm” products. The bill prohibits the use of misleading descriptors, such as “light,” “mild,” and “low” on labels or in advertising. FDA would have the authority to review the marketing of such products and determine if the applicant demonstrates that the product, as actually used by consumers, will significantly reduce harm and the risk of tobacco-related diseases to individual tobacco users.

Imposes new requirements on health warnings, including making warnings larger. The bill requires health warnings to cover the top 50% of the front and rear panels of the cigarette package. The same health warning labels would be required in advertising and must comprise 20% of the advertisement’s area. The bill also requires the FDA to issue regulations within 24 months of enactment to require graphic warning labels on cigarette packs depicting the health consequences of smoking.

Reinstates FDA’s 1996 rule, which restricted tobacco marketing and sales to youth. In 1996, FDA made its first attempt to address the public health concerns associated with tobacco use – issuing a rule aimed at reducing underage smoking. The tobacco industry challenged this rule in court; in 2000, the Supreme Court upheld the challenge, ruling that Congress had not given the FDA authority over tobacco products. This bill now reinstates the 1996 FDA rule. The rule includes several provisions aimed at reducing underage smoking, including: 1) banning all outdoor tobacco advertising within 1,000 feet of schools and playgrounds; 2) banning all remaining tobacco-brand sponsorships of sports and entertainment events; 3) restricting vending machines and self-service displays to adult-only facilities; and 4) requiring retailers to verify age for all over-the-counter sales and providing for federal enforcement and penalties against retailers who sell to minors.

Requires scientific review of menthol and an action plan. The bill directs the new FDA Tobacco Products Scientific Advisory Committee to issue recommendations on the use of menthol in cigarettes within one year of its establishment. Additional provisions require FDA to publish an action plan to enforce restrictions on the advertising and promotion of menthol and other cigarettes to youth, with priority given to minority communities, and to assist State, local, and Tribal governments in preventing underage tobacco use, particularly in communities with a disproportionate use of menthol cigarettes by minors.
Requires report on dissolvable tobacco products. The bill requires a report within two years of enactment by the Tobacco Products Scientific Advisory Committee regarding the dissolvable tobacco products and their impact on public health, including use among children.

Fully funds FDA tobacco activity through a user fee on tobacco manufacturers. All tobacco-product-related FDA costs are allocated among the manufacturers of cigarettes, cigarette tobacco, and smokeless tobacco products sold in the U.S., based on the manufacturers’ respective shares of the entire U.S. market.

Has the result of reducing federal tobacco tax receipts. The Congressional Budget Office has determined that the FDA tobacco bill would reduce federal tobacco tax receipts over the next 10 years, because its enactment is projected to reduce smoking. In order to ensure that the FDA Tobacco bill meets PAYGO, a modified version of H.R. 1804, Federal Retirement Reform Act, which generates net savings for the federal government, are included in this legislation.