|
IN THE SENATE OF THE UNITED STATES OF AMERICA |
|
|
 Views from a Smoke-Filled Room
by Rich Perelman
Editor-in-Chief
Los Angeles, July 21 – Could there be more publicity for a piece of legislation than the combined tobacco farmer buy-out and the attachment of an amendment of a 63-page bill to allow the Federal Food and Drug Administration (FDA) to exert a measure of control over tobacco products?
While the final resolution of the bill is unknown, the Senate’s passage is a landmark and demonstrates that some Federal control of tobacco is likely, if not inevitable. What’s in this bill for cigar smokers?
Quite a bit, including price increases.
Although the majority of the bill is directly aimed at cigarettes and smokeless tobacco, the language of S.2461, the so-called "Family Smoking Prevention and Tobacco Control Act" clearly exerts control over cigars and pipe tobacco. And the list of added burdens for manufacturers or importers of cigars will be substantial:
• Manufacturers and/or importers will have to submit a list of all ingredients in their cigars, including a detailed description of the type and amount of nicotine, in milligrams.
• A bi-annual list of new products, possibly brands and shapes, must be submitted to the Dept. of Health & Human Services (HHS), along with a list of products discontinued.
• HHS can order restrictions on the sale and distribution of any tobacco product, including advertising, if it finds the regulations “would be appropriate for the protection of the public health,” subject only to the limits of the first amendment to the Constitution. The rest of the Act indicates that the amount of nicotine in any product could be a basis for the imposition of these restrictions.
• HHS can require that “good manufacturing practices” be used in the making of tobacco products, including testing of raw leaves for pesticide residues.
• HHS can also adopt “product standards” if it feels such a standard “is appropriate for the protection of the public health.” If it decides to impose standards, it can require a raft of tests for nicotine, additives, pesticides and more. About the only thing HHS cannot do is ban a tobacco product or require that the nicotine content be eliminated; that power is reserved to the Congress.
Who’s going to pay for all this? We who enjoy cigars will end up footing the bill. Tomorrow, we’ll conclude our look at this bill with the financial aspects. Stay tuned!
 |
Subscribe to this comment's feed
