House votes to let FDA regulate tobacco

Los Angeles Times

Friday, April 03, 2009

Washington —- The House on Thursday voted to give the Food and Drug Administration unprecedented powers to regulate the tobacco industry after years of crusading by anti-smoking groups for the government to exert more control.

The measure would allow the FDA to reject new tobacco products, restrict advertising and take other steps. It passed 298-112, but may face a filibuster in the Senate.

Since 2000, when the Supreme Court ruled that the FDA did not have the authority to regulate tobacco products, Rep. Henry A. Waxman (D-Calif.) and Sen. Edward Kennedy (D-Mass.) have taken turns submitting legislation to bring those products under the agency’s control. A bill Waxman introduced last year also passed the House, but languished in the Senate after then-President George W. Bush vowed to veto it.

Now, with the backing of President Barack Obama, who has struggled to quit smoking, the measure stands a better chance of becoming law, advocates said.

However, senators from some tobacco-growing states already are lining up to oppose it, with Sen. Richard Burr (R-N.C.) threatening a filibuster.

If signed into law, the bill would give the FDA wide-ranging control over tobacco products, including harmful additives. The bill also would allow the FDA to regulate nicotine levels and prohibit misleading terms such as “light” and “mild” in product descriptions.

Some members who opposed the measure instead advocated for education to help users quit. Georgia’s House delegation split along party lines on the bill, with Republican Reps. Lynn Westmoreland of Coweta County and Paul Broun of Athens and Democratic Rep. Sanford Bishop of Albany not voting.