By TIM THORNBERRY
Kentucky Correspondent

WASHINGTON, D.C. — Despite opposition from lawmakers in tobacco producing states, Congress has passed legislation that will give the Food and Drug Administration (FDA) the power to regulate tobacco.

The Senate passed its version of the Family Smoking Prevention and Tobacco Control Act June 11, with action from the House the next day. Opponents argued the bill would place added stress on an agency already straining to keep up with its mandated tasks, not to mention the concerns tobacco farmers will face.

“Thousands of Kentucky farm families and communities still depend on tobacco to make a living, and I have concerns about the effect this legislation would have on them,” said Kentucky senior Sen. Mitch McConnell (R) after the Senate vote last week. “We all know that tobacco is hazardous to the health of those who use it. And if the purpose of this bill is to reduce the harm that it could cause the people who consume it, then forcing the FDA to do the regulating would be the wrong route to take.

“Mandating the FDA to regulate and approve the use of tobacco would be a distortion of the agency’s mission and a tremendous misuse of its overstretched priorities. We should focus FDA resources on protecting the public health, not burdening it with an impossible assignment.”

Sen. Jim Bunning (R-Ky.) voiced similar concerns, arguing that regulation should come from the USDA, not the FDA. “I have always believed that as long as tobacco is a legal commodity it should be regulated through the USDA, not the FDA,” he said. “The FDA has no business on the family farm.

“And while I agree that we should do all that we can to keep cigarettes out of the hands of our kids, this bill is not the answer.
“We can and should do better. The only people this bill is going to hurt in the end are the small and honest farmers who depend on tobacco to pay their bills.”

Bunning’s comments bring back visions of huge banners that hung in tobacco warehouses stating: “Keep the FDA off the farm.” He added, “In Kentucky, the family farm is the foundation for who we are as a state. For over a century, the family farm in Kentucky has centered around one crop – tobacco. We are proud of our heritage and proud that tobacco plays a role in our history.

“Even after the buyout, tobacco still plays a prominent role in Kentucky’s agricultural landscape.

We have tried to broaden our agricultural base and we have had some success with several vegetables, cattle and raising catfish. But at the end of the day, nothing brings as much of a return to the small farmer in Kentucky as tobacco. It’s big business for our small farmers.”

Proponents of the bill have made their case for years on the need for such regulation. Sen. Edward Kennedy (D-Mass.), sponsor of the Senate bill, has led the fight for nearly a decade.

“Miracles still happen,” he said in a statement after the House vote. “The United States Senate has finally said ‘no’ to Big Tobacco. Decades of irresponsible delay are finally over. Today’s landmark vote will save millions of children from a lifetime of addiction and premature death. Public health experts overwhelmingly agree that enactment of this legislation is the most important action Congress can take to reduce youth smoking.”

Organizations such as the Campaign for Tobacco-Free Kids have also spent years urging tobacco regulation. The group’s president, Matthew Myers, stated in a press release: “This legislation is an essential step toward improving health and reducing health care costs in the United States.

Tobacco use kills more than 400,000 Americans each year, sickens millions more and costs the nation $96 billion annually in health care bills.

“Yet, until now, tobacco products have escaped the FDA’s common-sense regulations that apply every other product we consume, from food to drugs to cosmetics.

The lack of regulation has allowed tobacco companies to market their deadly and addictive products to children, deceive consumers about the harm their products cause and manipulate their products in ways that make them even more harmful and addictive.

This legislation at long last will stop these harmful practices.”
President Obama is expected to waste no time in signing the bill. In a Rose Garden press briefing following last week’s vote, he said, “This bill has obviously been a long time coming. We’ve known for years, even decades, about the harmful, addictive, and often deadly effects of tobacco products.

“Each year Americans pay nearly $100 billion in added health care costs due to smoking. Each day about 1,000 young people under the age of 18 become regular smokers.”

The President added that he looked forward to signing the bill and thanked those who had worked in a bipartisan manner to secure its passage.

Highlights of the bill
The legislation will create a tobacco control center within the FDA to regulate advertising, marketing and manufacture of tobacco products such as cigarettes, cigars and chewing tobacco, to name a few. The bill will also require tobacco companies to disclose ingredients in their products.

The use of terms such as “light” or “low tar” will be banned.
Also banned will be the use of flavors in tobacco products. The FDA will have the authority to change tobacco content to protect the public health. New stronger warning labels on packaging will be also be required.

Face-to-face transactions will be required between retailers and consumers to help prevent sales to minors. User fees will be established on tobacco companies to help pay for new regulations. The regulations will not allow the FDA to ban nicotine or tobacco products.