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OCR Page 1 of 44Tobacco-
FDA
Another Option for Tobacco Regulation
In the wake of the Supreme Court decision in FDA V. Brown & Williamson, it
appears that there is an opportunity for the Administration to work with Congress and the
tobacco manufacturers on a renewed approach to regulating tobacco. Recent industry
statements indicate a willingness to have an independent agency undertake limited
federal regulation. On the other hand, there appears to be strong opposition in Congress
and within the industry to the FDA continuing to work on tobacco.
A fresh approach with some new players who have the ability to take on this issue
could break the logjam. The CPSC is the ideal agency to take on this responsibility.
Moreover, this fresh approach would feature a change in emphasis from considering
tobacco as a drug to considering tobacco as a consumer product. This approach is more
consistent with common sense as well as with public perception.
The CPSC has an outstanding reputation for protecting public health and safety,
especially safeguarding children. The agency has expertise and experience with toxicity
issues, developing product safety standards, and labeling hazardous products under the
authority of the Federal Hazardous Substances Act (15 U.S.C. 1261). And the agency
has an excellent record of working cooperatively with industry to develop new, safer
products.
In order to regulate tobacco products, certain amendments would need to be made
to the FHSA, but the statute does provide a basic framework for regulating tobacco. In
particular, there would need to be amendments to repeal the tobacco exclusion in the
FHSA and perhaps expand the agency's authority to cover advertising, sales and youth
access restrictions. The agency would also need additional staff and resources.
The CPSC has acquired considerable expertise in tobacco issues as a result of its
work on fire-safe cigarettes. Philip Morris has already discussed the possibility of
legislation to authorize CPSC to set a standard for a fire-safe cigarette.
Taking a new direction with CPSC could achieve an enormous victory on an issue
of great importance to the American people.
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