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Tobacco regulation bill: the final countdown for cigarette companies

Published on June 29, 2009 6:08 AM

Yesterday evening the Upper Chamber of the US Congress with the majority of votes adopted the historical legislation, which would provide one federal agency – the Food and Drug Administration with the authority to control tobacco industry, including reducing the volume of nicotine in cigarettes, banning cigarette flavorings and regulating the advertisements of tobacco products.

For those 21 percents of people who still light up despite relentless efforts of anti-smoking organizations, the legislation would signify that they would no more smoke menthol cigarettes. They would also witness new grievous pictures of health risks they are exposed to with every puff.

And for the numerous cigarette companies, the legislation would impose various prohibitions and restrictions, like marketing restrictions and banning smokeless-tobacco products. Moreover, they would have to reveal the components of their products, which were hidden for years.

According to legislation supporters, the great part of the restrictions is implemented in order to prevent minors from being lured to cigarettes. The legislation will prohibit using cartoon characters like Joe Camel and Marlboro cowboys; it would as well ban cherry, apple and other flavors that were introduced for the younger group of consumers.

Senators have approved the bill 79-17; practically assuring the bill to get legal power. The latter bill is now passed to the House of Representatives that already approved a similar bill two months ago. So the bill could be approved by both chambers of the Congress even today. President Barack Obama has made it clear that he would certainly sign the bill into law very soon.

The law that is approved nearly half a century after the landmark report of the surgeon general over the health risks presented by cigarettes was published. The battle to implement similar law to regulate tobacco products started in the Congress 15 years ago. The previous attempts to pass the latter regulations were unsuccessful since the opposition applied every possible effort to halt it. The last attempt failed because President George W. Bush said he would veto it.

Sen. Richard Burr was on of 17 senators to oppose the legislation. However, he did not manage to convince enough colleagues to vote the measure down.

Altria Inc, the parent of Philip Morris, the nation’s leading cigarette maker, backed the regulation, stating that it would create frameworks to invent new tobacco products of reduced health risk. Other cigarette companies strongly criticized the legislation, claiming that it nurses only Philip Morris interests and protects its dominance in the market.

The entire idea of giving the FDA the power to regulate tobacco sounds absurd to many people -  since the product that is claimed to be deadly would be passed for regulation to an organization that was launched to protect public health. It means that after all the regulation implemented by the FDA cigarettes would become healthy and safe for health.

In conformity to the legislation, the tobacco companies will be forced to disclose the composition of their products; whereas the FDA would be entitled to impose a ban one every additive used in tobacco products and reduces the amount of nicotine in cigarettes.

It would also require the producers to avoid naming their cigarettes as "light," "low-tar" and "mild" unless otherwise is scientifically investigated and proven.

The Food and Drug Administration made first attempt to oversee tobacco back in the 1990s, however the industry filed a lawsuit in the Supreme Court. In 2000 the Supreme Court ruled that the FDA had no legal authority to regulate tobacco and forced the Congress to make amendments to the legislation.