Tobacco regulation smolders on back burner until 2009

A proposal to give the Food and Drug Administration the power to regulate tobacco products appears dead for the year, but anti-smoking advocates say they expect it to pass in 2009. The bill passed the House this summer with overwhelming support, but a threat from Sen. Richard Burr, R-N.C., to block it and a veto threat from the White House helped stall it in the Senate. The Senate left town last week without bringing it up for a vote and is unlikely to vote on it even if legislators return after the election. William V. Corr, the executive director of the Campaign for Tobacco-Free Kids, a public-health advocacy group, said he expects that shifts in the political landscape will ensure passage in 2009. Unlike President Bush, presidential candidates John McCain and Barack Obama strongly support giving the FDA the authority to restrict tobacco marketing and set standards for nicotine levels in cigarettes. Increased support for the bill in the Senate this fall will make it harder for Burr to block it next year, Corr said. The bill attracted its 60th co-sponsor, Sen. Harry Reid, D-Nev., the Senate majority leader, late last month. That number is significant because if Burr and others try to block or delay the bill by filibustering it, 60 votes are required to move it to a vote. "But for Sen. Burr, we think this legislation probably could have passed this year," Corr said. "There's no question this bill will pass next year. It's inevitable." Many in the public-health community say that the bill would reduce smoking rates and lower tobacco-related deaths. Some opponents say that government oversight could mislead the public into thinking that smoking is safe. Others, including Burr and the current FDA head, say that the FDA is too burdened with other issues to tackle tobacco. "Nobody's been able to answer the question of how FDA regulation would make tobacco products safer," said Chris Walker, a spokesman for Burr. Opponents of the legislation say that predictions of certain passage are too optimistic. "Clearly this past Congress seemed to be their best opportunity to date to pass this bill. It didn't happen. The basic question is why?" said Tommy Payne, the executive vice president for public affairs for Reynolds American Inc. Tobacco-control groups say that legislators ran out of time. The bill did not pass the House until late July. The Senate left shortly after that vote for summer vacation. When it returned in September, it was faced with more-pressing issues, including the financial-rescue package.

 

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