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Wednesday, January 7, 2009 3:38 PM PST USA

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FDA TOBACCO CONTROL BILL ADVANCES Print E-mail

The current head of the F.D.A., Dr. Andrew von Eschenbach, has indicated that he does not believe the agency has the resources to add the regulatory duties required by the bill, even with the additional funding included in the text. He also does not want the FDA to be in the position of “approving” a tobacco product which he would not consider a healthy substance.

Lorillard Tobacco asked the respected pollster Zogby International to conduct a survey on public attitudes concerning the FDA and tobacco regulation in February and the results showed that 82 percent of likely voters were concerned that the added workload “would interfere with the FDA’s core mission of regulating pharmaceutical drugs and the nation’s food supply.”

According to John Zogby, “These poll results show Americans continue to want the Food and Drug Administration to concentrate on policing our food supply and our medicines, and not on regulating tobacco. At a time when three out of four American adults say they think the nation is off on the wrong track and are questioning the competence of the federal government to carry out its current responsibilities, the poll shows little appetite among informed adults to make big changes to the tobacco regulatory scheme.”

The poll showed that respondents identifying themselves as Democrats, Republicans and independents all shared the concern. However, Congressional Democrats have locked on to this issue and unless the control of at least one chamber moves to the Republicans in November – and that is considered unlikely – it stands an excellent chance of being passed and signed if the next President is a Democrat.

Maryland rejects two bills impacting cigars:
Legislators in Maryland failed to pass either of two proposed laws which would have eliminated all flavored cigars and cigarettes and disallow the sale of loose cigars:

  • House Bill 1558 would have prohibited the sale of a cigarette or cigar that “contains a natural or artificial constituent that imparts a characterizing flavor to the tobacco or the smoke of the cigarette or cigar.” The bill would have made such a sale a criminal misdemeanor with a fine of $500 and made the seller subject to having their tobacco license revoked.

    The bill was introduced with nine co-sponsors in February and after a hearing in the Economic Matters Committee on March, was reported unfavorably and appears to be dead.

  • Another bill which appears to have failed to gather much interest was a prohibition on selling cigars in packages of less than five. The Associated Press reported that this legislation was among a long list of rejected bills reported back to legislators during a rare Saturday session.

    The “loose cigar” law concept was aimed at convenience stores which sell individual machine-made cigars such as Swisher Sweets or Phillies, but got nowhere with legislators.
    ~ Rich Perelman
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