House Energy and Commerce Committee Approves Legislation Giving the FDA Authority to Regulate Tobacco

Last week, the full House Energy and Commerce Committee approved legislation that would give the Food and Drug Administration (FDA) the authority to regulate tobacco products. HR 1108, the Family Smoking Prevention and Tobacco Control Act, is aimed at keeping tobacco manufacturers from enticing young people to smoke and to assist current smokers in quitting.

The legislation, introduced by Congressmen Henry Waxman (D-CA) and Tom Davis (R-VA), would give the FDA the authority to prevent tobacco advertising that targets children, prevent the sale of tobacco products to minors and help smokers overcome their addiction. The bill would also enable the FDA to identify and reduce the toxic constituents of tobacco products and tobacco smoke for those who continue to be exposed to them, regulate claims about reduced risk tobacco products, and prevent the tobacco industry from misleading the public about the dangers of smoking.

“Addiction to tobacco begins almost universally during childhood and adolescence. Tobacco companies have long taken advantage of this vulnerability by promoting their products through such tactics as cartoon advertisements, free tobacco-themed merchandise that appeals to kids, and sponsorship of sports and entertainment events,” said Rep. Waxman in his statement. “It is long past time when tobacco products should be subject to serious regulation to protect the public’s health.”

The FDA was given authority to regulate tobacco products temporarily during the Clinton Administration. However, the Supreme Court ruled against that. One of the actions the FDA took prior to losing its authority was to allocate funding to implement programs to reduce youth access to tobacco. The current bill would reinstate FDA’s 1996 rule restricting tobacco marketing and sales to youth.

The legislation is supported by nearly 600 public health, faith and other organizations across the country and currently has 220 House co-sponsors