THE NEW YORK TIMES: WASHINGTON — The Senate voted overwhelmingly Thursday to impose federal regulation on cigarettes and other forms of tobacco, passing a landmark bill to empower the Food and Drug Administration to control products that eventually kill half their regular users.
The legislation, with only minor differences from a version the House passed in April by a nearly 3-to-1 ratio. A White House spokesman, Reid H. Cherlin, said on Thursday that President Obama, who was a co-sponsor of the bill when he was in the Senate, would sign the legislation when it reached his desk.
An estimated one in five people in this country smoke, and more than 400,000 of them die each year from smoking-related disease. But for decades, even after the surgeon general’s 1964 report declaring cigarettes a health hazard, Congressional efforts to regulate tobacco had met stiff opposition from lawmakers from tobacco-growing states and their political allies.
And when the F.D.A. tried on its own to start regulating nicotine as a drug, the Supreme Court struck down that effort in 2000, saying the agency could not take such a step without Congressional authority. Cigarettes remained less regulated than cosmetics or pet food.
But with broad bipartisan support in both the Senate and House, and a campaign pledge by Barack Obama to sign such legislation if he became president, the anti-tobacco forces came into alignment.
“This long-overdue grant of authority to F.D.A. to regulate tobacco products means that the agency can finally take the actions needed to protect our people from the most deadly of all consumer products,” Edward M. Kennedy, the Massachusetts Democrat who was chief sponsor of the legislation in the Senate, said in a statement from home, where he is receiving treatment for a brain tumor.
The Family Smoking Prevention and Tobacco Control Act, as it is called, would empower the F.D.A. to set standards for cigarettes, regulating chemicals in cigarette smoke and outlawing most tobacco flavorings. It could also study whether to also ban menthol. Flavorings are considered a lure to first-time smokers, especially the young. Menthol is used by three-quarters of black smokers, who also have a disproportionate share of lung cancer.
The law would also further restrict marketing and advertising of tobacco products. Colorful advertising and store displays will be replaced by black-and-white-only text as part of restrictions aimed at reducing the appeal to youth to try smoking. Cigarette makers will be required to stop using terms like “light” and “low tar” by next year and to place large and graphic health warnings on their packages by 2012.
But while the F.D.A. could mandate a reduced level of nicotine, an addictive chemical, the law expressly says the agency cannot ban it. Public health advocates say outlawing nicotine would force addicts would turn to a black market or other sources. >>> By Duff Wilson | Thursday, June 11, 2009
