KENNEDY, WAXMAN, CORNYN, AND DAVIS INTRODUCE TOBACCO LEGISLATION

February 15, 2007

FOR IMMEDIATE RELEASE

**FACT SHEET AND LETTERS OF SUPPORT INCLUDED**
 

 
WASHINGTON, DC - Today, Senator Edward M. Kennedy, Representative Henry A. Waxman, Senator John Cornyn, and Representative Tom Davis introduced the Family Smoking Prevention and Tobacco Control Act.  
 
Smoking remains the number one preventable cause of death in America and thousands children have their first cigarette every day. This legislation will give the FDA the authority to regulate tobacco products in order to keep tobacco manufacturers from enticing young people to smoke and to assist current smokers in quitting. Also in attendance today to support the bill were Matt Myers, President, Campaign for Tobacco-Free Kids, Dan Smith, President of American Cancer Society Cancer Action Network, Paul Billings, Vice President of National Policy and Advocacy for the American Lung Association and Neil Meltzer, Chairman of Advocacy Coordinating Committee, American Heart Association.
 
Senator Kennedy said, "Congress cannot in good conscience allow the federal agency most responsible for protecting the public health to remain powerless to deal with the enormous risks of tobacco, the most deadly of all consumer products. Health experts believe this legislation is the most important action Congress could take to protect children from this deadly addiction."
 
Congressman Waxman said, “The days of Congress doing the bidding of the tobacco industry are over.  This long overdue legislation would give FDA broad powers to regulate tobacco products and protect public health.”
 
Senator Cornyn said, "Smoking and the consumption of tobacco products is a private decision, but it carries with it serious and significant public consequences.  In my home state of Texas alone, in 2004, we spent a total of $5.831 billion in medical costs, and a total of $1.62 billion in direct Medicaid costs to pay for smoking-related illnesses. Clearly, we can and must do more to address this serious problem."
 
Congressman Davis said, “For too long our nation’s tobacco policies have been little more than smoke and mirrors; this legislation will breathe new life into our efforts to reduce tobacco related disease and death.  Our bill will reduce the number of new tobacco users by keeping cigarettes away from kids.  It will give current smokers more tools to quit by speeding cessation products to market.  It also opens the door for truly effective “reduced risk” options for those who have been unable to quit using tobacco altogether.  Finally, this legislation focuses on tobacco producers, not farmers.  We take careful steps to ensure tobacco farmers are able to grow their crops as they deem best.  With more than 400,000 tobacco-related deaths every year, we cannot continue to pretend the dangers of smoking don’t exist.  It’s time to pass this legislation.”
 
This legislation will give the FDA the legal authority it needs 1) to prevent tobacco advertising that targets children, 2) to prevent the sale of tobacco products to minors, 3) to help smokers overcome their addiction, 4) to identify and reduce the toxic constituents of tobacco products and tobacco smoke for those who continue to be exposed to them, 5) to regulate claims about reduced risk tobacco products, and 6) to prevent the tobacco industry from misleading the public about the dangers of smoking.
 
Chairman Kennedy will convene a hearing on the legislation in the Health, Education, Labor and Pensions Committee on Tuesday, February 27, 2007.
 
A summary of the legislation is below.
 
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LEGISLATION EMPOWERING FDA TO REGULATE TOBACCO PRODUCTS
 
This bipartisan legislation will give the FDA the legal authority it needs -- to reduce youth smoking by preventing tobacco advertising that targets children - - to prevent the sale of tobacco products to minors - - to help smokers overcome their addiction - - to identify and reduce the toxic constituents of tobacco products and tobacco smoke for those who continue to be exposed to them - - to regulate claims about reduced risk tobacco products -- and to prevent the tobacco industry from misleading the public about the dangers of smoking.
 
1)              Establishes A New Chapter on Tobacco Regulation - It creates a new section in FDA's legal authority for the regulation of tobacco products, with standards that allow for consideration of the unique issues raised by tobacco use. The legislation gives FDA the authority it needs in order to prevent youth smoking and to reduce addiction to this highly lethal product.
 
2)              Authority to Restrict Tobacco Advertising - The Food and Drug Administration will have the necessary authority to regulate the sale, distribution, and advertising of cigarettes and smokeless tobacco in order to stop tobacco company marketing practices that target children and mislead the public.  It grants FDA full authority to regulate tobacco advertising "consistent with and to the full extent permitted by the First Amendment."  The tobacco industry currently spends more than fifteen billion dollars a year to promote its products.  Much of that money is spent in ways designed to tempt children to start smoking, before they are mature enough to appreciate the enormity of the health risk. Nearly 90% of smokers begin as children and are addicted by the time they reach adulthood.  This legislation will empower FDA to prevent industry advertising designed to appeal to children wherever it will be seen by children.
 
3)              Authority to Prevent Sale to Youth - FDA authority will extend to the sale of tobacco products. Nearly every state makes it illegal to sell cigarettes to children under 18, but surveys show that those laws are rarely enforced and frequently violated.  FDA will have the power to limit the sale of cigarettes to face-to-face transactions in which the age of the purchaser can be verified by identification. This means an end to self-service displays and vending machine sales. There must also be serious enforcement efforts with real penalties for those caught selling tobacco products to children. This is the only way to ensure that children under 18 are not able to buy cigarettes.
 
4)              Preserves FDA Rule to Curb Tobacco Use by Youth - The FDA conducted one of the longest rulemaking proceedings in its history to determine what regulations would most effectively reduce the number of children who smoke. Seven hundred thousand public comments were received in the course of that rulemaking. At the conclusion of its proceeding, the Agency promulgated rules on the manner in which cigarettes are advertised and sold. Due to litigation, most of those regulations were never implemented.  It makes no sense to require FDA to reinvent the wheel by conducting a new multi-year rulemaking process on the same issues.  In order to curb youth smoking as much as possible, as soon as possible, this legislation will give the youth access and advertising restrictions already developed by FDA the force of law, as if they had been issued under the new statute.
 
5)              Stronger Warning Labels - The legislation also provides for stronger warnings on all cigarette and smokeless tobacco packages, and in all print advertisements. These warnings will be more explicit in their description of the medical problems that can result from tobacco use. The FDA is given the authority to change the text of these warning labels periodically, to keep their impact strong.
 
6)              Preventing Tobacco Industry Misrepresentations - For decades, tobacco companies have vehemently denied the addictiveness of nicotine in their products.  Overwhelming evidence in industry documents obtained through the discovery process proves that the companies not only knew of this addictiveness, but actually relied on it as the basis for their marketing strategy. As we now know, cigarette manufacturers chemically manipulated the nicotine in their products to make it even more addictive. These companies have repeatedly sought to characterize their products as far less hazardous than they are. FDA will have clear and unambiguous authority to prevent such misrepresentations in the future.
 
7)            Authority to Order Removal of Hazardous Ingredients - Over forty million Americans are currently addicted to cigarettes.  No responsible public health official believes that cigarettes should be banned.  A ban would leave forty million people without a legal way to satisfy their drug dependency.  FDA must be able to take the necessary steps to help addicted smokers overcome their addiction, and to make the product less toxic for smokers who are unable or unwilling to stop.  To do so, FDA will have the authority to reduce or remove hazardous ingredients from cigarettes, to the extent that it becomes scientifically feasible. The inherent risk in smoking should not be unnecessarily compounded.
 
8)            Setting Standards for Reduced Risk Products - Recent statements by several tobacco companies make clear that they plan to develop what they characterize as "reduced risk" cigarettes. This legislation will require manufacturers to submit such "reduced risk" products to the FDA for analysis before they can be marketed. No health-related claims - explicit or implied -- will be permitted unless they have been verified to the FDA's satisfaction. These safeguards are essential to prevent deceptive industry marketing campaigns, which can lull the public into a false sense of health safety.

Senate Sponsors (As of Feb 15th)


Sponsors:

Senator Edward M. Kennedy
Senator John Cornyn

Co-Sponsors

1.    Senator Tom Harkin
2.    Senator John McCain
3.    Senator Richard J. Durbin
4.    Senator Richard G. Lugar
5.    Senator Christopher J Dodd
6.    Senator Gordon H. Smith
7.    Senator Jack Reed
8.    Senator Olympia J. Snowe
9.    Senator Frank R. Lautenberg
10.    Senator Lisa Murkowski
11.    Senator Jeff Bingaman
12.    Senator Susan M. Collins
13.    Senator Barbara A. Mikulski
14.    Senator Ted Stevens
15.    Senator Patty Murray
16.    Senator Pete V. Domenici
17.    Senator Hillary Rodham Clinton
18.    Senator Thad Cochran
19.    Senator Dianne Feinstein
20.    Senator Patrick J. Leahy
21.    Senator Barack Obama
22.    Senator Bernard Sanders
23.    Senator Sherrod Brown
24.    Senator Charles E. Schumer
25.    Senator Daniel K. Akaka
26.    Senator Herb Kohl
27.    Senator Maria Cantwell
28.    Senator Thomas R. Carper
29.    Senator Bill Nelson

 
 STATEMENT OF SENATOR EDWARD M. KENNEDY ON
LEGISLATION EMPOWERING FDA TO
REGULATE TOBACCO PRODUCTS
(AS PREPARED FOR DELIVERY)

            Today, we are introducing legislation to give the Food and Drug Administration broad authority to regulate tobacco products.  Congress cannot in good conscience allow the federal agency most responsible for protecting the public health to remain powerless to deal with the enormous risks of tobacco, the most deadly of all consumer products. Health experts believe this legislation is the most important action Congress could take to protect children from this deadly addiction.  
    

It is an exciting day because this year we are introducing the bill in a new Congress where the likelihood of passage is very high. What a difference a year makes! 2007 is the year that this legislation will finally become law. It is long overdue.

    This is a bipartisan, bicameral initiative. I am extremely pleased to have Senator Cornyn as my Senate partner in this effort, and I know he will be a persuasive advocate for our legislation. The bill that Senator Cornyn and I are introducing already has 29 co-sponsors.

Congressmen Waxman and Davis will introduce identical legislation in the House. Our bill has the support of a broad coalition of public health organizations led by the Campaign for Tobacco-Free Kids, the American Cancer Society, the American Heart Association and the American Lung Association. They all recognize the importance of enacting this bill this year.

This is a bipartisan, bicameral initiative. I am extremely pleased to have Senator Cornyn as my Senate Partner in this effort and I know he will be a persuasive advocate for our legislation. The Bill that Senator Cornyn and I are introducing already has 29 co-sponsors.

We intend to move forward on the legislation quickly. I have already scheduled a hearing in the HELP Committee for February 27th, and a markup is planned soon thereafter.
 

            The stakes are vast. Smoking is the number one preventable cause of death in America. Four thousand children have their first cigarette every day, and one thousand become daily smokers.  More than one-third of them will die prematurely from tobacco-induced diseases.  Cigarettes kill well over four hundred thousand Americans each year.
 
            We must deal firmly with tobacco company marketing practices that target children and mislead the public. The tobacco industry currently spends over fifteen billion dollars a year to promote its products. Much of that money is spent in ways designed to tempt children to start smoking, before they are mature enough to appreciate the enormity of the health risk. The industry knows that nearly 90% of smokers begin as children and are addicted by the time they reach adulthood.
 
If we are serious about reducing youth smoking, FDA must have the power to prevent industry advertising designed to appeal to children wherever it will be seen by children. This legislation will give FDA the authority to stop tobacco advertising that glamorizes smoking to kids.  
 
            FDA authority must extend to the sale of tobacco products as well. The only way to ensure that children under 18 are not able to buy cigarettes is to limit the sale of cigarettes to face-to-face transactions in which the age of the purchaser can be verified by identification.
 
            The legislation also provides for stronger warnings on all cigarette and smokeless tobacco packages, and in all print advertisements.

            The tobacco industry has a long, dishonorable history of providing misleading information about the health consequences of smoking. FDA must have clear and unambiguous authority to prevent such misrepresentations in the future. The largest disinformation campaign in the history of the corporate world must end.
 
The nicotine in cigarettes is highly addictive. Medical experts say that it is as addictive as heroin or cocaine. Yet for decades, while tobacco companies were publicly denying the addictiveness of their products, they were actually chemically manipulating the nicotine in their products to make it even more addictive. FDA must have the power to take the necessary steps to help addicted smokers overcome their addiction, and to make the product less toxic for smokers who are unable or unwilling to stop.
    
    This legislation will also require manufacturers to submit “reduced risk” products to the FDA for analysis before they can be marketed. No health-related claims will be permitted until they have been verified to the FDA’s satisfaction. These safeguards are essential to prevent deceptive industry marketing campaigns, which could lull the public into a false sense of health safety.

            Enacting this bill this year is the right thing to do for America’s children. They are depending on us. By passing this legislation , we can help them live longer, healthier lives.

LETTERS OF SUPPORT BELOW:

February 15, 2007

 Dear Senator/Representative:

As members of Partners for Effective Tobacco Policy (PARTNERS), we are writing to strongly urge you to support the Kennedy-Cornyn and Waxman-Davis bills that would regulate tobacco products. PARTNERS is a coalition of more than 60 national organizations committed to reducing and preventing the staggering death and disease caused by tobacco use.  Tobacco use kills more than 400,000 Americans annually and is the leading cause of preventable death in the United States.

Congress has failed to complete action on the strong legislation to address this epidemic that has been introduced in the last two Congresses.  Moreover, there is overwhelming support of Americans for regulation of tobacco products by the federal Food and Drug Administration (FDA). This support crosses all party, ideological, regional, state, income and educational lines – even a majority of smokers support FDA regulation of tobacco products.

Reflecting that support, FDA legislation in the last Congress enjoyed a broad, bipartisan group of 122 cosponsors in the House of Representatives and 28 in the Senate.  It has the robust support of every major national health organization and of a broad cross-section of American faith leaders and organizations.  In 2004, this legislation passed the Senate twice – once overwhelmingly; the second time by unanimous consent – but year, after year, it has languished in the House of Representatives.

Legislation providing FDA the authority to regulate the manufacture, distribution, and sale of tobacco products is critically needed to protect the public health.  FDA oversight is especially required to crack down on illegal sales of tobacco products to children and to restrict advertising and marketing that appeal to children. The tobacco industry is aggressively marketing as well a new generation of products with unproven claims that they are less harmful.  This continued deception of consumers makes ever more urgent the need for FDA restrictions on advertising and marketing, especially to children.   
 
While virtually every other consumer product is regulated, tobacco products continue to be exempt from the most basic oversight.  Tobacco companies are not required to test additives for safety, prevent misleading or inaccurate health claims, inform consumers what is in their products, or take any other action to make their products less harmful or addictive.  Congress affords no other industry this degree of special protection, costing taxpayers billions of dollars each year to treat tobacco-caused disease through federally funded health programs including Medicare and Medicaid.

Now that strong, effective FDA legislation supported by the public health community has been reintroduced, we ask that you cosponsor it and work for its speedy enactment into law during the first session of the new Congress.

Sincerely,

American Cancer Society
American Heart Association
American Lung Association
Campaign for Tobacco-Free Kids
AARP
Alliance of the American Dental Association
American Academy of Child and Adolescent Psychiatry
American Academy of Family Physicians
American Academy of Nurse Practitioners
American Academy of Pediatrics
American Association for Respiratory Care
American College of Cardiology
American College of Chest Physicians
American College of Clinical Oncology
American College of Obstetricians and Gynecologists
American College of Occupational and Environmental Medicine
American College of Physicians
American College of Preventative Medicine
American Dental Association
American Dental Hygienists’ Association
American Medical Association
American Psychological Association
American Public Health Association
American Society of Addiction Medicine
American Society of Clinical Oncology
American Thoracic Society
Association of Maternal and Child Health Programs
Children’s Defense Fund
Community Anti-Drug Coalitions of America
General Board of Church & Society of the United Methodist Church
Hadassah – the Women’s Zionist Organization of America
Interreligious Coalition on Smoking or Health
March of Dimes
National African American Tobacco Prevention Network
National Association of County & City Health Officials
National Association of Local Boards of Health
National Education Association
National Hispanic Medical Association
National Latino Council on Alcohol and Tobacco Prevention
National Partnership for Women & Families
National Women’s Law Center
Oncology Nursing Society
Oral Health America
Partnership for Prevention
Seventh-day Adventist Church
Society for Public Health Education
Trust for America’s Health
United Church of Christ

FOR IMMEDIATE RELEASE                    February 15, 2007    

AMA APPLAUDS LEGISLATION TO GIVE FDA AUTHORITY OVER TOBACCO PRODUCTS

Statement attributable to:        Ron Davis, M.D.
                    AMA President-Elect

“The American Medical Association strongly supports the regulation of tobacco products by the Food and Drug Administration (FDA).  We applaud Representatives Henry Waxman (D-CA) and Tom Davis (R-VA) and Senators Ted Kennedy (D-MA) and John Cornyn (R-TX) for their bipartisan leadership in introducing the “Family Smoking Prevention and Tobacco Control Act” to give the FDA authority to regulate the manufacture, sale, distribution, and marketing of tobacco products. Passage of this legislation will end the cruel irony that cigarettes are the most important preventable cause of death and disease in the United States and one of the least regulated products in our society.

“Every year, 440,000 Americans die from diseases caused by tobacco use, which kills more Americans than heroin, PCP, cocaine, alcohol and every other drug combined.  Tobacco is responsible for more than $75 billion in health care costs and $92 billion in productivity losses each year.

“Tobacco addiction usually begins in childhood or adolescence.  Each day, 2,000 kids become addicted smokers and one-third will die prematurely as a result.  Some of the provisions in this legislation would stop illegal sales of tobacco products to children; restrict tobacco marketing, especially to children; ban fruit and candy flavorings in cigarettes; and require more informative health warnings.  The AMA urges Congress to protect the public health of Americans by passing legislation to authorize effective FDA regulation of tobacco products.”

###

Dr. Davis is the AMA President-Elect and former director of the Office on Smoking and Health at the U.S. Centers for Disease Control and Prevention from 1987 to 1991.

Contact:
Mollie Turner
Public Information Officer
AMA Medial Relations
(202) 789-7430

EMBARGOED UNTIL              CONTACT:      Paul Billings
THURSDAY, FEBRUARY 15 at 1:30 PM        202-785-3355 x228
                
American Lung Association Applauds Introduction of Legislation That Would Give Food and Drug Administration
Authority over Tobacco Products
It’s Time to End the Special Protection for Big Tobacco

Statement of John Kirkwood
President and CEO
American Lung Association

Washington, DC  (February 15, 2007) – The American Lung Association commends Senator Ted Kennedy (D-MA), Senator John Cornyn (R-TX), Representative Henry Waxman (D-CA) and Representative Tom Davis (R-VA) for the introduction of the Family Smoking Prevention and Tobacco Control Act, strong, bipartisan legislation that would give the U.S. Food and Drug Administration authority over tobacco products.  Once enacted into law, this measure will end the special protection enjoyed by the tobacco companies for decades and seriously reduce the devastating impact of tobacco use in the United States.  

Tobacco-related diseases are the leading preventable cause of death in the United States, causing more than 438,000 deaths each year.  Each day, more than 1,140 kids become regular smokers – and one-third of them will ultimately die from their habit.  The tobacco companies spend more than $15.15 billion a year marketing their deadly products – preying on our children, who make up the “replacement generation” of smokers.  

In August 2006, U.S. District Court Judge Gladys Kessler correctly concluded that tobacco companies have engaged in a long-term, fraudulent scheme to mislead the American people about the health risks of smoking, the addictiveness of their products, and their tactics for marketing their products to children.  In her decision, Judge Kessler wrote that the tobacco companies have “marketed and sold their lethal products with zeal, with deception, with a single-minded focus on their financial success, and without regard for the human tragedy or social costs that success exacted.”  Unless this important legislation becomes law, the tobacco companies will continue to aggressively market their products to children and lie about the health consequences of smoking.  

The American Lung Association is committed to working with Congress to ensure that the legislation becomes law in 2007.
About the American Lung Association
Beginning our second century, the American Lung Association is the leading organization working to prevent lung disease and promote lung health. Lung disease death rates continue to increase while other leading causes of death have declined. The American Lung Association funds vital research on the causes of and treatments for lung disease. With the generous support of the public, the American Lung Association is "Improving life, one breath at a time." For more information about the American Lung Association or to support the work it does, call 1-800-LUNG-USA (1-800-586-4872) or log on to www.lungusa.org.
FOR IMMEDIATE RELEASE    CONTACT: Suzanne Ffolkes
                                                        202-785-7900    

Statement of M. Cass Wheeler
CEO, American Heart Association,
on Introduction of FDA/Tobacco Legislation
February 15, 2007

We commend U.S. Senators Edward Kennedy (D-MA) and John Cornyn (R-TX) and U.S. Representatives Henry Waxman (D-CA) and Tom Davis (R-VA) for introducing legislation that will authorize the U.S. Food and Drug Administration (FDA) to regulate tobacco products. For too long, tobacco companies have tried to play by their own rules, escaping much-needed federal oversight.  They need to play with a clean deck – one that’s not marked with misleading and damaging information.  Scientific evidence leaves no doubt that tobacco causes death and disability, including one out of every five deaths from heart disease. If we are going to win the war against tobacco, Congress must pass this overdue bill.

Tobacco is one of the least-regulated consumer products. Rat poison is regulated by the FDA, except when it’s found in a cigarette. Unlike other manufacturers, tobacco companies are not required to disclose ingredients in their products. It has become increasingly important for Big Tobacco to undergo strict regulation as tobacco marketers surreptitiously entice people to pick up this deadly habit.

Tobacco use remains the single most preventable cause of death in the U.S. More than 440,000 Americans die each year from tobacco-related disease, with heart disease, stroke and other cardiovascular diseases accounting for more than one-third of these deaths. Giving FDA the authority to regulate tobacco will save countless lives and hold a renegade industry accountable.

FOR MORE INFORMATION, CONTACT:
Colleen Wilber or Kat Porter
American Cancer Society Cancer Action Network
Phone: (202) 661-5722 or  (202) 585-3202
Email: Colleen.Wilber@cancer.org  or Kathryn.Porter@cancer.org

Statement of John R. Seffrin, PhD, CEO of the
American Cancer Society Cancer Action Network

“The American Cancer Society Cancer Action NetworkSM (ACS CAN) applauds the introduction today of The Family Smoking Prevention Tobacco Control Act, bipartisan legislation in the House and Senate that would grant the U.S. Food and Drug Administration (FDA) the authority to regulate the sale, distribution and advertising of tobacco products. Tobacco, which kills more than 400,000 Americans each year and remains the leading cause of preventable death in the country, is the only consumable product the FDA does not regulate.

“Congress has the opportunity to take a monumental step and grant the Food and Drug Administration the meaningful and long-overdue authority to regulate tobacco, which kills 440,000 people and costs our nation $96.7 billion in health care bills every year,” said John R. Seffrin, PhD, chief executive officer of the American Cancer Society and ACS CAN. “The tobacco industry has demonstrated time and again that, if left to its own devices, it will falsely market its deadly products to our children, portraying this deadly addiction as glamorous and cool and luring 4,000 kids to try their first cigarette every day.

“The FDA has the scientific expertise necessary to effectively regulate tobacco products and the health-related claims made by the tobacco companies. As a science-based organization committed to decreasing the toll tobacco takes on our country, ACS CAN will continue to fight for American’s right to know the contents of a product that when taken as directed, kills.”

A joint statement from ACS CAN and its public health partners, the American Heart Association, American Lung Association and Campaign for Tobacco-Free Kids is also being released today.

FOR IMMEDIATE RELEASE            CONTACT:    Joel Spivak  
February 15, 2007                            202-296-5469                            
Congress Has Historic Opportunity to Protect Children By Granting FDA Authority Over Tobacco Products
 Statement of American Cancer Society Cancer Action NetworkSM, American Heart Association, American Lung Association and Campaign for Tobacco-Free Kids

Washington, D.C. (February 15, 2007)  – Our public health organizations strongly support the bipartisan legislation introduced today in Congress to provide the U.S. Food and Drug Administration (FDA) with effective authority to regulate tobacco products.  This legislation presents Congress with a truly historic opportunity to protect our children from tobacco addiction and save lives by addressing the nation’s number one preventable cause of death.  We applaud U.S. Senators Edward Kennedy (D-MA) and John Cornyn (R-TX) and U.S. Representatives Henry Waxman (D-CA) and Tom Davis (R-VA) for their leadership in producing strong bills that would end special protection for the tobacco industry and protect our children and the nation’s health instead.

We urge both the Senate and the House to quickly enact this long-overdue legislation into law and to reject all efforts to weaken it.  Every day Congress fails to act, another 1,200 Americans die from tobacco use and more than 1,000 children become new regular smokers.  Each year in the United States, tobacco use kills more than 400,000 people and costs the nation more than $96 billion in health care bills.  The legislation introduced today would save countless lives and improve health for generations to come by reducing tobacco use and its devastating consequences, which include cancer, heart disease, chronic obstructive pulmonary disease (COPD) and diseases that affect virtually every organ in the human body.

Unbelievably, despite all the harm they cause, tobacco products are exempt from basic health and safety regulations that apply to other products, such as food, drugs, cosmetics and even dog food.  The tobacco companies continue to take advantage of this lack of regulation to market their deadly and addictive products to our children, deceive consumers about the harm their products cause, make changes to their products without disclosing them (such as secretly increasing nicotine levels in cigarette smoke, as recent studies have shown), and resist any meaningful change to make their products less harmful.  Until Congress grants the FDA authority over tobacco products, the tobacco companies will continue to get away with their harmful practices that addict children and make it difficult for smokers to quit.

The proposed legislation would grant the FDA the authority and resources to effectively regulate the manufacturing, marketing, labeling, distribution and sale of tobacco products.  The FDA would have authority to:
•    Restrict tobacco advertising and promotions, especially to children.
•    Stop illegal sales of tobacco products to children.
•    Ban candy-flavored cigarettes, which clearly are starter products for young new smokers.
•    Require changes in tobacco products, such as the removal of harmful ingredients or the reduction of nicotine levels.
•    Prohibit health claims about so-called "reduced risk" products that are not scientifically proven or that would discourage current tobacco users from quitting or encourage new users to start.
•    Require tobacco companies to disclose the contents of tobacco products, changes to their products and research about the health effects of their products.
•    Require larger and more informative health warnings on tobacco products.
•    Prohibit terms such as "light", "mild" and "low-tar" that have mislead consumers into believing that certain cigarettes are safer than others.
 
These are common-sense measures that should have been enacted into law long ago. In 2004, the U.S. Senate voted 78-15 to pass FDA tobacco legislation as an amendment to a corporate tax bill, but it was killed in the conference committee.

Despite the tobacco companies’ claims of reform, recent events underscore that their harmful practices continue today and show why the FDA tobacco legislation is so critical:

•    On August 17, 2006, U.S. District Judge Gladys Kessler issued a final opinion in the U.S. government's landmark tobacco lawsuit that found the major tobacco companies have violated civil racketeering laws and defrauded the American people by lying for decades about the health risks of smoking and their marketing to children.  Judge Kessler also found that the tobacco companies’ wrongdoing, including their marketing to children, continues today: "The evidence in this case clearly establishes that Defendants have not ceased engaging in unlawful activity.”  However, Judge Kessler felt constrained by law in the remedies she could order and put the responsibility on Congress to take additional action: “In a democracy, it is the body elected by the people, namely Congress, that should step up to the plate and address national issues with such enormous economic, public health, commercial and social ramifications.”

•    Since Judge Kessler’s ruling, two studies – one by the Massachusetts Department of Health and the other by the Harvard School of Public Health – have found that the tobacco companies have secretly and significantly increased the levels of nicotine in cigarette smoke since 1998.  These findings indicate that as smoking rates decline, and more smokers try to quit, tobacco companies have sought to maintain addiction among smokers and to addict a new generation of replacement smokers.  The tobacco companies can secretly increase nicotine levels because no federal agency has regulatory authority over what they put in cigarettes.

•    The tobacco companies have taken advantage of their unregulated status to introduce so-    called “reduced risk” cigarettes with claims like “all of the taste…less of the toxins” and “reduced carcinogens, premium taste.” However, no government agency currently has the authority to make sure these claims are scientifically proven and the products are marketed responsibly.  These new products risk a repeat of the public health disaster caused by the marketing of “light” and “low-tar” cigarettes.  Millions of smokers switched to these brands thinking they were safer or would help them quit only to find out decades later that neither is true and the tobacco companies knew this all along (as the National Cancer Institute concluded in a November 2001 report).

•    The major cigarettes companies have easily circumvented the minimal restrictions placed on their marketing by the 1998 state tobacco settlement and have since more than doubled their marketing to at least $15.1 billion a year – more than $41 billion every day, according to the Federal Trade Commission. Much of this marketing continues to appeal to children.  A study published in the December 2006 issue of the peer-reviewed journal Archives of Pediatrics and Adolescent Medicine found that exposure to tobacco marketing and pro-tobacco depictions in movies, television and videos more than doubles the odds that children under 18 will become tobacco users.
 
If you have any questions or to schedule an interview, please contact Joel Spivak (Campaign for Tobacco-Free Kids) at 202-296-5469; Colleen Wilber (American Cancer Society Cancer Action Network) at 202-661-5772; Suzanne Ffolkes (American Heart Association) at 202-785-7929; or Paul Billings (American Lung Association) at 202-785-3355.  

 

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Laura Capps/ Melissa Wagoner (202) 224-2633

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