Family Smoking Prevention and Tobacco Control Act
On July 30, 2008, the House passed the Family Smoking Prevention and Tobacco Control Act, H.R. 1108. This bill grants the Food and Drug Administration authority to regulate the advertising, marketing, and manufacturing of tobacco products.
Tobacco is currently the number-one cause of preventable death in America. It is responsible for about 1 in 5 deaths annually, or about 438,000 deaths per year according to the CDC. Smoking-related deaths account for more deaths than AIDS, alcohol, cocaine, heroin, homicide, suicide, motor vehicle crashes, and fires combined.
Approximately 8.6 million Americans also suffer from chronic illnesses related to smoking.
In addition to the lives lost to tobacco, the financial losses amount to billions of dollars. CDC estimates that cigarette smoking costs more than $167.5 billion annually, based on lost productivity ($92 billion) and health care expenditures ($75.5 billion).
Every day, approximately 4,000 youth try a cigarette for the first time, and another 1,000 will become new, regular daily smokers. One-third of these youth will eventually die prematurely as a result.
A recent national poll found that 70 percent of Americans support this bill, including 66 percent of Republicans, 76 percent of Democrats, and 67 percent of Independents.
Following is an overview of some of the provisions in this legislation
Grants FDA authority to regulate tobacco products. The bill grants the FDA the authority to regulate the advertising, marketing, and manufacturing of tobacco products, such as cigarettes, cigars and smokeless or “chewing” tobacco.
Includes authority to restrict tobacco marketing. Under the bill, the FDA is given authority to develop regulations that place restrictions on the advertising and promotion of a tobacco product consistent with, and to the full extent permitted by, the First Amendment to the Constitution.
Requires detailed disclosure of tobacco product ingredients. The bill requires tobacco companies to disclose to the FDA the ingredients in each tobacco product, giving the FDA the information needed to begin reducing the harm caused by tobacco products and educating the public about the health effects of tobacco use.
Allows FDA to require changes in tobacco products to protect the public health. FDA would be granted authority to require changes in current and future tobacco products to protect public health, such as the reduction or elimination of harmful ingredients, additives and constituents. FDA would be granted authority to reduce nicotine, but would not be allowed to require the reduction of nicotine in a tobacco product to zero or to ban a class of tobacco products.
Strictly regulates “reduced harm” products. The bill prohibits the use of descriptors, such as “light,” “mild,” and “low” on labels or in advertising. FDA would have the authority to review the marketing of such products and determine if the applicant demonstrates that the product, as actually used by consumers, will significantly reduce harm and risk of tobacco-related diseases to individual tobacco users.
Requires larger, more specific health warnings. The bill requires health warnings to cover the top 30% of the front and rear panels of the package and gives FDA the authority to require graphic warning labels that cover 50% of the front and rear panels of the package. The same health warning labels would be required in advertising and must comprise 20% of the advertisement’s area.
Reinstates FDA’s 1996 rule, which restricted tobacco marketing and sales to youth. In 1996, FDA made its first attempt to address the public health concerns associated with tobacco use – issuing a rule aimed at reducing underage smoking. The tobacco industry challenged this rule in court; in 2000, the Supreme Court upheld the challenge, ruling that Congress had not given the FDA authority over tobacco products. This bill now reinstates the 1996 FDA rule. The rule includes several provisions aimed at reducing underage smoking, including: 1) banning all outdoor tobacco advertising within 1,000 feet of schools and playgrounds; 2) banning all remaining tobacco-brand sponsorships of sports and entertainment events; 3) restricting vending machines and self-service displays to adult-only facilities; and 4) requiring retailers to verify age for all over-the-counter sales and providing for federal enforcement and penalties against retailers who sell to minors.
Requires scientific review of menthol and an action plan. The bill directs the new FDA Tobacco Products Scientific Advisory Committee to issue recommendations on the use of menthol in cigarettes within one year of its establishment. Additional provisions require FDA to publish an action plan to enforce restrictions on the advertising and promotion of menthol and other cigarettes to youth, with priority given to minority communities, and to assist State, local, and Tribal governments in preventing underage tobacco use, particularly in communities with a disproportionate use of menthol cigarettes by minors.
Fully funds FDA tobacco activity through a user fee on tobacco manufacturers. All tobacco-product-related FDA costs are allocated among the manufacturers of cigarettes, cigarette tobacco, and smokeless tobacco products sold in the U.S., based on the manufacturers’ respective shares of the entire U.S. market.
Meets PAYGO requirements – by incorporating the Thrift Savings Plan Enhancement Act. CBO has determined that the FDA tobacco bill would reduce federal tobacco tax receipts by $342 million over the next 10 years, because the bill’s enactment is projected to reduce smoking. In order to meet PAYGO, the Thrift Savings Plan Enhancement Act (H.R. 6500), which was reported by the Oversight Committee last week by voice vote, has been incorporated into this legislation. This Act modernizes the Thrift Savings Plan for federal employees, including providing automatic enrollment for new hires (with an opt-out option), allowing employees to make contributions to a qualified Roth program, and providing employees certain “self-directed” investment options. H.R. 6500 generates savings for the federal government.