FDA Gets Power to Regulate Tobacco

The biggest health problem in the United States, and elsewhere for that matter, is the use of tobacco. Despite all the education efforts, some 40 million Americans still smoke. Each year, 400,000 of them die from cancer and other diseases. Yet, the Food and Drug Administration has never had the authority to say "boo" about the situation. Yesterday, President Obama (himself a former tobacco user, perhaps even still a nicotine fiend) signed legislation that gives the FDA power to try putting a dent in the tobacco abuse problem.

Under the Controlled Substances Act of 1969, the federal government may assign a drug to one of five different categories based on its addictiveness, medical value, and similar factors. Schedule 5 drugs, for example, have a low abuse potential, have accepted medical uses, and have limited addictiveness. Schedule 1 is for serious drugs (heroin is one), having high abuse potential, no accepted medical value and a lack of accepted safety use even under medical supervision. However, the Act excluded tobacco -- which almost certainly would have been a Schedule 1 substance.

The new law, the Family Smoking Prevention and Tobacco Control Act of 2009, still keeps the FDA from out-right banning tobacco. Instead, it keeps outdoor advertising 1,000 feet from schools, limits most cigarette ads to black-and-white text only content, restricts cigarette vending machines to adult-only locations, bans any sports or entertainment sponsorships, and prohibits flavoring (except for long-established menthol) cigarettes. And the tobacco companies get to pay huge fees to cover the expenses the FDA will incur.

However, the marketing side of the bill is not the most important. The AP reports that "The FDA must give premarket approval to all new tobacco products such as new smokeless brands. The agency would also give prior approval of all label statements on tobacco products. Tobacco manufacturers must provide detailed lists of ingredients, and the FDA has the authority to require changes in current and future products, including the reduction or elimination of harmful ingredients. That includes reduction in nicotine yields." In other words, the tobacco consumer will, for the first time, actually know what the dose of nicotine is as well as a list of all ingredients. Scotch whiskey isn't good for the human body either, but for years, Scotch drinkers have known just how strong their dram was. An informed consumer is more likely to make a wise decision.

Until recently, the tobacco industry denied even the science of smoking, let alone would it accept the regulation of an agricultural product that has been part of America since before the Europeans arrived. What was different this time was a strategic withdrawal by Philip Morris USA, the country's biggest tobacco firm. Philip Morris broke ranks with the other companies in the business supporting what it called "tough but fair regulation." Its rivals noted that this will serve to preserve Philip Morris USA's position in what is likely to be a shrinking market. The industry leader made a wise move.

© Copyright 2009 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Fedora Linux.

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