In the Senate, 54 members have co-sponsored the “Family Smoking Prevention and Tobacco Control Act” while in the House, more than 200 representatives are co-sponsors of a bill which is still in committee. The Senate bill has been passed out of committee and is supposed to be voted on by the full Senate sometime early in 2008.

However, a battle similar to that over the SCHIP legislation that could have crippled the cigar industry is looming. In the Senate, North Carolina Republican Richard Burr has promised a filibuster. According to his spokesman, “He’s going to continue to find a way to improve tobacco products in a way that makes sense and does not harm North Carolina farmers.”

In addition, President George W. Bush has signaled a strong distaste for the concept of FDA oversight of tobacco. His head of the FDA, Dr. Andrew von Eschenbach, has said repeatedly that he does not favor such an approach and wrote to the House committee on health that “approval of tobacco products that are dangerous to health even if used as directed runs directly counter to FDA’s historical mission to protect and promote public health.”

You can understand von Eschenbach’s concerns if you listen to commercials for new drugs which include the phrase “FDA approved” as so many do. Von Eschenbach has suggested that consumers could be fooled into thinking that cigarettes which are “FDA approved” may not be harmful at all, or less harmful than those without such approval.

Thus, if a bill giving the FDA control of tobacco is passed by the Congress and sent to the President, the likelihood of a veto is high and the stage would be set for another tug-of-war between Congressional Democrats and Republicans over an override vote.

Schwarzenegger OK with tobacco tax to fund health insurance:
California Governor Arnold Schwarzenegger has been widely reported to approve the use of a substantially-increased tobacco tax to fund his concept of universal health-insurance coverage for all Californians.

Stories in newspapers across the state reported that a vote will take place today in the California Legislature on a ballot initiative that would place universal health insurance before voters next November.

It’s a compromise by Schwarzenegger with Assembly Speaker Fabian Nunez (D-Los Angeles) to get his prized universal insurance program into place. Schwarzenegger originally wanted to sell or lease the California Lottery program to a private operator to raise the funds needed, but Democrats would not agree.

Now, the ballot initiative will decide the matter. However, the exact language to be voted has not been released and even the amount of the tax – an added $1.50 to $2 per pack – has not been decided upon. Although not discussed yet publicly, the Legislature will undoubtedly raise the taxes on “other tobacco products” – including cigars – on a similar scale.
~ Rich Perelman

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