I’m pleased to join with my good friends and colleagues, Dr. Ganske and Mr. Waxman, this morning to introduce the FDA Tobacco Authority Amendments Act.

We wouldn’t be here today had it not been for the Supreme Court’s decision regarding tobacco last year. That decision did three important things: First, the Court held that the FDA does not have the authority to regulate tobacco. Second, the Court agreed with FDA’s findings on the health consequences of tobacco use. Third, the Court clearly said that Congress, and only Congress, can empower FDA to regulate tobacco and reduce youth smoking.

As many of you know, we introduced similar legislation last year; unfortunately it fell victim to well-funded, and extremely generous, industry opponents. Perhaps the Republican leadership in the Congress will reconsider.

It has become exceedingly apparent that Congress must act now to provide the FDA with the regulatory power it needs to reduce youth smoking. Not in ten, twenty or thirty years from now when the numbers of tobacco related deaths is expected to balloon from the current 4 million to 10 million annually. The states have failed to use tobacco settlement money for teen smoking prevention and cessation programs – the Federal Government must act.

Even members of the tobacco industry recognize the importance of Federal regulation. My experience tells me this is a most unusual stance for makers of addictive and deadly products. I call on the tobacco industry to stand behind their comments, and to do what they know to be in the best interest of children and adults alike. As stated by Philip Morris, "[The] FDA is the most logical agency to regulate manufactured tobacco products and the companies that produce them." (Tobacco Communities at a Crossroad: The Preliminary Report of the President’s Commission on Improving Economic Opportunities in Communities Dependent on Tobacco Production While Protecting Public Health)

Our legislation would not ban the use of tobacco products by adults; however, it would treat it as it should be – a serious public health threat. The overwhelming majority of evidence shows smoking is the leading cause of cancer and heart disease, the top two causes of death in the United States. Sadly, more than 400,000 Americans will die this year of tobacco-related illness. Nearly 4 million children under the age of 18 smoke cigarettes and another 3,000 will join them in this deadly habit today, and every day after until we become successful at regulation of this product.

We in Congress have the power to grant FDA regulatory authority over tobacco and to help reduce, if not prevent, teen smoking. To walk away from this opportunity and blithely disregard the health and well being of Americans who would benefit from this legislation would be foolhardy.

With that, I would like to ask my good friend and colleague to come forward to speak on the matter.

Attachment: Section-by-Section Summary