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Anti-Smoking Advocates Disappointed with Lack of FDA Regulation in FSC/ETI Bill [10/08-2]

Excerpts from: Group Bemoans Lack of Tobacco Regulation

AP - New York Times [10/08/04]

Anti-smoking advocates are bemoaning what they consider a lost opportunity when lawmakers this week agreed on a $10 billion payout for tobacco farmers without also imposing new regulations on the industry.

Now, these advocates say, the tobacco industry will continue marketing cigarettes to children and making unsubstantiated claims about new products.

``We're extremely disappointed,'' said Wendy Selig, a lobbyist for the American Cancer Society. ``Congress has missed this huge opportunity to do the right thing.''

Most tobacco companies opposed an effort in the Senate to link the tobacco farmer aid, which was added to a corporate tax bill, and a plan to give the Food and Drug Administration oversight of the sale, manufacturing and marketing of tobacco products.

Philip Morris lobbyist John Scruggs denied his company was looking to shore up its role as the market leader. He said one reason his company pushed for the FDA legislation was because it wants clear guidelines on how to communicate with consumers about products under development that may lower the risk of smoking-related diseases.

Scruggs said the prospect of getting that federal guidance now appears dim.

``We think the magnitude of the missed opportunity is hard to overstate,'' Scruggs said. ``I think it's pretty clear that it's going to be exceptionally difficult to get FDA done without a buyout.''

An unlikely coalition of tobacco farmers and health advocates put aside their differences about five years ago to work for passage of legislation that would help the farmers and impose new regulations on the industry.

The farmer buyout will end the Depression-era federal tobacco program, which sets price and production controls on U.S. leaf. Farmers say the program keeps U.S. leaf prices too high to be competitive. The farmers will get money in exchange for giving up federal allotments dictating how much leaf they can sell each year.

This week, House and Senate lawmakers negotiating a compromise corporate tax bill endorsed an approach sought by House leaders that gives the farmers the help they want without also imposing new restrictions on cigarette makers. The House passed the tax legislation Thursday night.

The Senate version of the bill included the aid as well as FDA legislation. Even tobacco-state lawmakers, such as Sen. Mitch McConnell, R-Ky., the No. 2 leader in the Senate, said he would reverse his longtime opposition to FDA regulation in exchange for the farmer buyout.

It is unlikely McConnell and others like him will continue to support FDA regulation now that farmers in their states have been taken care of.

Matthew Myers, president of the Campaign for Tobacco-Free Kids says his group will not stop trying to give the FDA the authority to regulate cigarettes. ``The health imperative for this legislation is as great today as it has ever been,'' Myers said.

The FDA asserted jurisdiction over the sale and advertising of cigarettes in 1996. The Supreme Court later ruled that only Congress can give the FDA that power.

The most recent data shows there are approximately 45 million adult smokers in the United States and about 4.5 million youth smokers, according to the Campaign for Tobacco-Free Kids.

More than 400,000 Americans die annually from smoking-related diseases.

 

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