dadstimeon Posted February 17, 2007 Share Posted February 17, 2007 Tobacco Legislation http://www.allamericanpatriots.com/m-ne ... 19824.html ** FACT SHEET AND LETTERS OF SUPPORT INCLUDED ** February 15, 2007, WASHINGTON, DC - Today, Senator Edward M. Kennedy, Representative Henry A. Waxman, Senator John Cornyn, and Representative Tom Davis introduced the Family Smoking Prevention and Tobacco Control Act. Smoking remains the number one preventable cause of death in America and thousands children have their first cigarette every day. This legislation will give the FDA the authority to regulate tobacco products in order to keep tobacco manufacturers from enticing young people to smoke and to assist current smokers in quitting. Also in attendance today to support the bill were Matt Myers, President, Campaign for Tobacco-Free Kids, Dan Smith, President of American Cancer Society Cancer Action Network, Paul Billings, Vice President of National Policy and Advocacy for the American Lung Association and Neil Meltzer, Chairman of Advocacy Coordinating Committee, American Heart Association. Senator Kennedy said, "Congress cannot in good conscience allow the federal agency most responsible for protecting the public health to remain powerless to deal with the enormous risks of tobacco, the most deadly of all consumer products. Health experts believe this legislation is the most important action Congress could take to protect children from this deadly addiction." Congressman Waxman said, “The days of Congress doing the bidding of the tobacco industry are over. This long overdue legislation would give FDA broad powers to regulate tobacco products and protect public health.” Senator Cornyn said, "Smoking and the consumption of tobacco products is a private decision, but it carries with it serious and significant public consequences. In my home state of Texas alone, in 2004, we spent a total of $5.831 billion in medical costs, and a total of $1.62 billion in direct Medicaid costs to pay for smoking-related illnesses. Clearly, we can and must do more to address this serious problem." Congressman Davis said, “For too long our nation’s tobacco policies have been little more than smoke and mirrors; this legislation will breathe new life into our efforts to reduce tobacco related disease and death. Our bill will reduce the number of new tobacco users by keeping cigarettes away from kids. It will give current smokers more tools to quit by speeding cessation products to market. It also opens the door for truly effective “reduced risk” options for those who have been unable to quit using tobacco altogether. Finally, this legislation focuses on tobacco producers, not farmers. We take careful steps to ensure tobacco farmers are able to grow their crops as they deem best. With more than 400,000 tobacco-related deaths every year, we cannot continue to pretend the dangers of smoking don’t exist. It’s time to pass this legislation.” This legislation will give the FDA the legal authority it needs 1) to prevent tobacco advertising that targets children, 2) to prevent the sale of tobacco products to minors, 3) to help smokers overcome their addiction, 4) to identify and reduce the toxic constituents of tobacco products and tobacco smoke for those who continue to be exposed to them, 5) to regulate claims about reduced risk tobacco products, and 6) to prevent the tobacco industry from misleading the public about the dangers of smoking. Chairman Kennedy will convene a hearing on the legislation in the Health, Education, Labor and Pensions Committee on Tuesday, February 27, 2007. A summary of the legislation is below. -30- LEGISLATION EMPOWERING FDA TO REGULATE TOBACCO PRODUCTS This bipartisan legislation will give the FDA the legal authority it needs -- to reduce youth smoking by preventing tobacco advertising that targets children - - to prevent the sale of tobacco products to minors - - to help smokers overcome their addiction - - to identify and reduce the toxic constituents of tobacco products and tobacco smoke for those who continue to be exposed to them - - to regulate claims about reduced risk tobacco products -- and to prevent the tobacco industry from misleading the public about the dangers of smoking. 1) Establishes A New Chapter on Tobacco Regulation - It creates a new section in FDA's legal authority for the regulation of tobacco products, with standards that allow for consideration of the unique issues raised by tobacco use. The legislation gives FDA the authority it needs in order to prevent youth smoking and to reduce addiction to this highly lethal product. 2) Authority to Restrict Tobacco Advertising - The Food and Drug Administration will have the necessary authority to regulate the sale, distribution, and advertising of cigarettes and smokeless tobacco in order to stop tobacco company marketing practices that target children and mislead the public. It grants FDA full authority to regulate tobacco advertising "consistent with and to the full extent permitted by the First Amendment." The tobacco industry currently spends more than fifteen billion dollars a year to promote its products. Much of that money is spent in ways designed to tempt children to start smoking, before they are mature enough to appreciate the enormity of the health risk. Nearly 90% of smokers begin as children and are addicted by the time they reach adulthood. This legislation will empower FDA to prevent industry advertising designed to appeal to children wherever it will be seen by children. 3) Authority to Prevent Sale to Youth - FDA authority will extend to the sale of tobacco products. Nearly every state makes it illegal to sell cigarettes to children under 18, but surveys show that those laws are rarely enforced and frequently violated. FDA will have the power to limit the sale of cigarettes to face-to-face transactions in which the age of the purchaser can be verified by identification. This means an end to self-service displays and vending machine sales. There must also be serious enforcement efforts with real penalties for those caught selling tobacco products to children. This is the only way to ensure that children under 18 are not able to buy cigarettes. 4) Preserves FDA Rule to Curb Tobacco Use by Youth - The FDA conducted one of the longest rulemaking proceedings in its history to determine what regulations would most effectively reduce the number of children who smoke. Seven hundred thousand public comments were received in the course of that rulemaking. At the conclusion of its proceeding, the Agency promulgated rules on the manner in which cigarettes are advertised and sold. Due to litigation, most of those regulations were never implemented. It makes no sense to require FDA to reinvent the wheel by conducting a new multi-year rulemaking process on the same issues. In order to curb youth smoking as much as possible, as soon as possible, this legislation will give the youth access and advertising restrictions already developed by FDA the force of law, as if they had been issued under the new statute. 5) Stronger Warning Labels - The legislation also provides for stronger warnings on all cigarette and smokeless tobacco packages, and in all print advertisements. These warnings will be more explicit in their description of the medical problems that can result from tobacco use. The FDA is given the authority to change the text of these warning labels periodically, to keep their impact strong. 6) Preventing Tobacco Industry Misrepresentations - For decades, tobacco companies have vehemently denied the addictiveness of nicotine in their products. Overwhelming evidence in industry documents obtained through the discovery process proves that the companies not only knew of this addictiveness, but actually relied on it as the basis for their marketing strategy. As we now know, cigarette manufacturers chemically manipulated the nicotine in their products to make it even more addictive. These companies have repeatedly sought to characterize their products as far less hazardous than they are. FDA will have clear and unambiguous authority to prevent such misrepresentations in the future. 7) Authority to Order Removal of Hazardous Ingredients - Over forty million Americans are currently addicted to cigarettes. No responsible public health official believes that cigarettes should be banned. A ban would leave forty million people without a legal way to satisfy their drug dependency. FDA must be able to take the necessary steps to help addicted smokers overcome their addiction, and to make the product less toxic for smokers who are unable or unwilling to stop. To do so, FDA will have the authority to reduce or remove hazardous ingredients from cigarettes, to the extent that it becomes scientifically feasible. The inherent risk in smoking should not be unnecessarily compounded. Setting Standards for Reduced Risk Products - Recent statements by several tobacco companies make clear that they plan to develop what they characterize as "reduced risk" cigarettes. This legislation will require manufacturers to submit such "reduced risk" products to the FDA for analysis before they can be marketed. No health-related claims - explicit or implied -- will be permitted unless they have been verified to the FDA's satisfaction. These safeguards are essential to prevent deceptive industry marketing campaigns, which can lull the public into a false sense of health safety. Senate Sponsors (As of Feb 15th) Sponsors: Senator Edward M. Kennedy Senator John Cornyn Co-Sponsors 1. Senator Tom Harkin 2. Senator John McCain 3. Senator Richard J. Durbin 4. Senator Richard G. Lugar 5. Senator Christopher J Dodd 6. Senator Gordon H. Smith 7. Senator Jack Reed 8. Senator Olympia J. Snowe 9. Senator Frank R. Lautenberg 10. Senator Lisa Murkowski 11. Senator Jeff Bingaman 12. Senator Susan M. Collins 13. Senator Barbara A. Mikulski 14. Senator Ted Stevens 15. Senator Patty Murray 16. Senator Pete V. Domenici 17. Senator Hillary Rodham Clinton 18. Senator Thad Cochran 19. Senator Dianne Feinstein 20. Senator Patrick J. Leahy 21. Senator Barack Obama 22. Senator Bernard Sanders 23. Senator Sherrod Brown 24. Senator Charles E. Schumer 25. Senator Daniel K. Akaka 26. Senator Herb Kohl 27. Senator Maria Cantwell 28. Senator Thomas R. Carper 29. Senator Bill Nelson STATEMENT OF SENATOR EDWARD M. KENNEDY ON LEGISLATION EMPOWERING FDA TO REGULATE TOBACCO PRODUCTS (AS PREPARED FOR DELIVERY) Today, we are introducing legislation to give the Food and Drug Administration broad authority to regulate tobacco products. Congress cannot in good conscience allow the federal agency most responsible for protecting the public health to remain powerless to deal with the enormous risks of tobacco, the most deadly of all consumer products. Health experts believe this legislation is the most important action Congress could take to protect children from this deadly addiction. It is an exciting day because this year we are introducing the bill in a new Congress where the likelihood of passage is very high. What a difference a year makes! 2007 is the year that this legislation will finally become law. It is long overdue. This is a bipartisan, bicameral initiative. I am extremely pleased to have Senator Cornyn as my Senate partner in this effort, and I know he will be a persuasive advocate for our legislation. The bill that Senator Cornyn and I are introducing already has 29 co-sponsors. Congressmen Waxman and Davis will introduce identical legislation in the House. Our bill has the support of a broad coalition of public health organizations led by the Campaign for Tobacco-Free Kids, the American Cancer Society, the American Heart Association and the American Lung Association. They all recognize the importance of enacting this bill this year. This is a bipartisan, bicameral initiative. I am extremely pleased to have Senator Cornyn as my Senate Partner in this effort and I know he will be a persuasive advocate for our legislation. The Bill that Senator Cornyn and I are introducing already has 29 co-sponsors. We intend to move forward on the legislation quickly. I have already scheduled a hearing in the HELP Committee for February 27th, and a markup is planned soon thereafter. The stakes are vast. Smoking is the number one preventable cause of death in America. Four thousand children have their first cigarette every day, and one thousand become daily smokers. More than one-third of them will die prematurely from tobacco-induced diseases. Cigarettes kill well over four hundred thousand Americans each year. We must deal firmly with tobacco company marketing practices that target children and mislead the public. The tobacco industry currently spends over fifteen billion dollars a year to promote its products. Much of that money is spent in ways designed to tempt children to start smoking, before they are mature enough to appreciate the enormity of the health risk. The industry knows that nearly 90% of smokers begin as children and are addicted by the time they reach adulthood. If we are serious about reducing youth smoking, FDA must have the power to prevent industry advertising designed to appeal to children wherever it will be seen by children. This legislation will give FDA the authority to stop tobacco advertising that glamorizes smoking to kids. FDA authority must extend to the sale of tobacco products as well. The only way to ensure that children under 18 are not able to buy cigarettes is to limit the sale of cigarettes to face-to-face transactions in which the age of the purchaser can be verified by identification. The legislation also provides for stronger warnings on all cigarette and smokeless tobacco packages, and in all print advertisements. The tobacco industry has a long, dishonorable history of providing misleading information about the health consequences of smoking. FDA must have clear and unambiguous authority to prevent such misrepresentations in the future. The largest disinformation campaign in the history of the corporate world must end. The nicotine in cigarettes is highly addictive. Medical experts say that it is as addictive as heroin or cocaine. Yet for decades, while tobacco companies were publicly denying the addictiveness of their products, they were actually chemically manipulating the nicotine in their products to make it even more addictive. FDA must have the power to take the necessary steps to help addicted smokers overcome their addiction, and to make the product less toxic for smokers who are unable or unwilling to stop. This legislation will also require manufacturers to submit “reduced risk” products to the FDA for analysis before they can be marketed. No health-related claims will be permitted until they have been verified to the FDA’s satisfaction. These safeguards are essential to prevent deceptive industry marketing campaigns, which could lull the public into a false sense of health safety. Enacting this bill this year is the right thing to do for America’s children. They are depending on us. By passing this legislation , we can help them live longer, healthier lives. LETTERS OF SUPPORT BELOW: February 15, 2007 Dear Senator/Representative: As members of Partners for Effective Tobacco Policy (PARTNERS), we are writing to strongly urge you to support the Kennedy-Cornyn and Waxman-Davis bills that would regulate tobacco products. PARTNERS is a coalition of more than 60 national organizations committed to reducing and preventing the staggering death and disease caused by tobacco use. Tobacco use kills more than 400,000 Americans annually and is the leading cause of preventable death in the United States. Congress has failed to complete action on the strong legislation to address this epidemic that has been introduced in the last two Congresses. Moreover, there is overwhelming support of Americans for regulation of tobacco products by the federal Food and Drug Administration (FDA). This support crosses all party, ideological, regional, state, income and educational lines – even a majority of smokers support FDA regulation of tobacco products. Reflecting that support, FDA legislation in the last Congress enjoyed a broad, bipartisan group of 122 cosponsors in the House of Representatives and 28 in the Senate. It has the robust support of every major national health organization and of a broad cross-section of American faith leaders and organizations. In 2004, this legislation passed the Senate twice – once overwhelmingly; the second time by unanimous consent – but year, after year, it has languished in the House of Representatives. Legislation providing FDA the authority to regulate the manufacture, distribution, and sale of tobacco products is critically needed to protect the public health. FDA oversight is especially required to crack down on illegal sales of tobacco products to children and to restrict advertising and marketing that appeal to children. The tobacco industry is aggressively marketing as well a new generation of products with unproven claims that they are less harmful. This continued deception of consumers makes ever more urgent the need for FDA restrictions on advertising and marketing, especially to children. While virtually every other consumer product is regulated, tobacco products continue to be exempt from the most basic oversight. Tobacco companies are not required to test additives for safety, prevent misleading or inaccurate health claims, inform consumers what is in their products, or take any other action to make their products less harmful or addictive. Congress affords no other industry this degree of special protection, costing taxpayers billions of dollars each year to treat tobacco-caused disease through federally funded health programs including Medicare and Medicaid. Now that strong, effective FDA legislation supported by the public health community has been reintroduced, we ask that you cosponsor it and work for its speedy enactment into law during the first session of the new Congress. Sincerely, American Cancer Society American Heart Association American Lung Association Campaign for Tobacco-Free Kids AARP Alliance of the American Dental Association American Academy of Child and Adolescent Psychiatry American Academy of Family Physicians American Academy of Nurse Practitioners American Academy of Pediatrics American Association for Respiratory Care American College of Cardiology American College of Chest Physicians American College of Clinical Oncology American College of Obstetricians and Gynecologists American College of Occupational and Environmental Medicine American College of Physicians American College of Preventative Medicine American Dental Association American Dental Hygienists’ Association American Medical Association American Psychological Association American Public Health Association American Society of Addiction Medicine American Society of Clinical Oncology American Thoracic Society Association of Maternal and Child Health Programs Children’s Defense Fund Community Anti-Drug Coalitions of America General Board of Church & Society of the United Methodist Church Hadassah – the Women’s Zionist Organization of America Interreligious Coalition on Smoking or Health March of Dimes National African American Tobacco Prevention Network National Association of County & City Health Officials National Association of Local Boards of Health National Education Association National Hispanic Medical Association National Latino Council on Alcohol and Tobacco Prevention National Partnership for Women & Families National Women’s Law Center Oncology Nursing Society Oral Health America Partnership for Prevention Seventh-day Adventist Church Society for Public Health Education Trust for America’s Health United Church of Christ AMA APPLAUDS LEGISLATION TO GIVE FDA AUTHORITY OVER TOBACCO PRODUCTS Statement attributable to: Ron Davis, M.D. AMA President-Elect “The American Medical Association strongly supports the regulation of tobacco products by the Food and Drug Administration (FDA). We applaud Representatives Henry Waxman (D-CA) and Tom Davis (R-VA) and Senators Ted Kennedy (D-MA) and John Cornyn (R-TX) for their bipartisan leadership in introducing the “Family Smoking Prevention and Tobacco Control Act” to give the FDA authority to regulate the manufacture, sale, distribution, and marketing of tobacco products. Passage of this legislation will end the cruel irony that cigarettes are the most important preventable cause of death and disease in the United States and one of the least regulated products in our society. “Every year, 440,000 Americans die from diseases caused by tobacco use, which kills more Americans than heroin, PCP, cocaine, alcohol and every other drug combined. Tobacco is responsible for more than $75 billion in health care costs and $92 billion in productivity losses each year. “Tobacco addiction usually begins in childhood or adolescence. Each day, 2,000 kids become addicted smokers and one-third will die prematurely as a result. Some of the provisions in this legislation would stop illegal sales of tobacco products to children; restrict tobacco marketing, especially to children; ban fruit and candy flavorings in cigarettes; and require more informative health warnings. The AMA urges Congress to protect the public health of Americans by passing legislation to authorize effective FDA regulation of tobacco products.” ### Dr. Davis is the AMA President-Elect and former director of the Office on Smoking and Health at the U.S. Centers for Disease Control and Prevention from 1987 to 1991. Contact: Mollie Turner Public Information Officer AMA Medial Relations (202) 789-7430 American Lung Association Applauds Introduction of Legislation That Would Give Food and Drug Administration Authority over Tobacco Products It’s Time to End the Special Protection for Big Tobacco Statement of John Kirkwood President and CEO American Lung Association Washington, DC (February 15, 2007) – The American Lung Association commends Senator Ted Kennedy (D-MA), Senator John Cornyn (R-TX), Representative Henry Waxman (D-CA) and Representative Tom Davis (R-VA) for the introduction of the Family Smoking Prevention and Tobacco Control Act, strong, bipartisan legislation that would give the U.S. Food and Drug Administration authority over tobacco products. Once enacted into law, this measure will end the special protection enjoyed by the tobacco companies for decades and seriously reduce the devastating impact of tobacco use in the United States. Tobacco-related diseases are the leading preventable cause of death in the United States, causing more than 438,000 deaths each year. Each day, more than 1,140 kids become regular smokers – and one-third of them will ultimately die from their habit. The tobacco companies spend more than $15.15 billion a year marketing their deadly products – preying on our children, who make up the “replacement generation” of smokers. In August 2006, U.S. District Court Judge Gladys Kessler correctly concluded that tobacco companies have engaged in a long-term, fraudulent scheme to mislead the American people about the health risks of smoking, the addictiveness of their products, and their tactics for marketing their products to children. In her decision, Judge Kessler wrote that the tobacco companies have “marketed and sold their lethal products with zeal, with deception, with a single-minded focus on their financial success, and without regard for the human tragedy or social costs that success exacted.” Unless this important legislation becomes law, the tobacco companies will continue to aggressively market their products to children and lie about the health consequences of smoking. The American Lung Association is committed to working with Congress to ensure that the legislation becomes law in 2007. About the American Lung Association Beginning our second century, the American Lung Association is the leading organization working to prevent lung disease and promote lung health. Lung disease death rates continue to increase while other leading causes of death have declined. The American Lung Association funds vital research on the causes of and treatments for lung disease. With the generous support of the public, the American Lung Association is "Improving life, one breath at a time." For more information about the American Lung Association or to support the work it does, call 1-800-LUNG-USA (1-800-586-4872) or log on to www.lungusa.org Statement of M. Cass Wheeler CEO, American Heart Association, on Introduction of FDA/Tobacco Legislation February 15, 2007 We commend U.S. Senators Edward Kennedy (D-MA) and John Cornyn (R-TX) and U.S. Representatives Henry Waxman (D-CA) and Tom Davis (R-VA) for introducing legislation that will authorize the U.S. Food and Drug Administration (FDA) to regulate tobacco products. For too long, tobacco companies have tried to play by their own rules, escaping much-needed federal oversight. They need to play with a clean deck – one that’s not marked with misleading and damaging information. Scientific evidence leaves no doubt that tobacco causes death and disability, including one out of every five deaths from heart disease. If we are going to win the war against tobacco, Congress must pass this overdue bill. Tobacco is one of the least-regulated consumer products. Rat poison is regulated by the FDA, except when it’s found in a cigarette. Unlike other manufacturers, tobacco companies are not required to disclose ingredients in their products. It has become increasingly important for Big Tobacco to undergo strict regulation as tobacco marketers surreptitiously entice people to pick up this deadly habit. Tobacco use remains the single most preventable cause of death in the U.S. More than 440,000 Americans die each year from tobacco-related disease, with heart disease, stroke and other cardiovascular diseases accounting for more than one-third of these deaths. Giving FDA the authority to regulate tobacco will save countless lives and hold a renegade industry accountable. American Cancer Society Cancer Action Network Statement of John R. Seffrin, PhD, CEO of the American Cancer Society Cancer Action Network “The American Cancer Society Cancer Action NetworkSM (ACS CAN) applauds the introduction today of The Family Smoking Prevention Tobacco Control Act, bipartisan legislation in the House and Senate that would grant the U.S. Food and Drug Administration (FDA) the authority to regulate the sale, distribution and advertising of tobacco products. Tobacco, which kills more than 400,000 Americans each year and remains the leading cause of preventable death in the country, is the only consumable product the FDA does not regulate. “Congress has the opportunity to take a monumental step and grant the Food and Drug Administration the meaningful and long-overdue authority to regulate tobacco, which kills 440,000 people and costs our nation $96.7 billion in health care bills every year,” said John R. Seffrin, PhD, chief executive officer of the American Cancer Society and ACS CAN. “The tobacco industry has demonstrated time and again that, if left to its own devices, it will falsely market its deadly products to our children, portraying this deadly addiction as glamorous and cool and luring 4,000 kids to try their first cigarette every day. “The FDA has the scientific expertise necessary to effectively regulate tobacco products and the health-related claims made by the tobacco companies. As a science-based organization committed to decreasing the toll tobacco takes on our country, ACS CAN will continue to fight for American’s right to know the contents of a product that when taken as directed, kills.” A joint statement from ACS CAN and its public health partners, the American Heart Association, American Lung Association and Campaign for Tobacco-Free Kids is also being released today. 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