House Committee Approves FDA Tobacco Oversight
On March 4, 2009, the Energy and Commerce Committee of the U.S. House of Representatives approved legislation reintroduced this year by U.S. Rep. Henry Waxman (D-California) that would give the Food and Drug Administration regulatory control over tobacco products. The proposal, which passed 39 to 13, still must win approval by the full House and Senate. Waxman, however, has expressed his opinion that he is optimistic that the measure would become law during this session of Congress, given President Obama’s support of the legislation.
This legislation will further regulate the sale of tobacco products, and specifically includes provisions that:
- Restrict tobacco advertising and promotions, especially to children.
- Require larger health warnings on tobacco products.
- Require tobacco companies to disclose the contents of tobacco products, as well as changes in products and research about their health effects.
- Ban terms such as “light” and “low-tar.”
- Regulate all health-related claims about tobacco products to ensure they are scientifically proven.
- Grant the FDA authority to require changes in tobacco products, such as the removal or reduction of harmful ingredients.
- Provide for a separate FDA center funded by user fees from tobacco companies to monitor ingredients, inspect manufacturing facilities, and oversee marketing.
Note that there are special provisions in the bill applicable to “small tobacco product manufacturers,” defined as manufacturers with fewer than 350 employees. These provisions set up a special office to assist small manufacturers with compliance with the terms of the new legislation and provide small manufacturers with additional time to comply with the new provisions of the legislation, including compliance with new laboratory testing and reporting requirements relative to their products.
The Troutman Sanders Tobacco Team is monitoring this legislation closely and will provide further alerts regarding its status.