FDA Tobacco Regulation

When it comes to the FDA regulating tobacco, North Carolina has 2 advocates in the US Senate - Senator Richard Burr and Senator Kay Hagan. Legislation pending in the US Senate will bring tobacco under the control of the Federal Drug Administration. The legislation will also restrict chemical components in tobacco and cigarette smoke. It will require the agency to review new tobacco products and ban the descriptions of "light" and "low tar" which can suggest that these products are safer than others. Larger health warning signs will show up on cigarette packs and there will be tighter marketing and advertising restrictions. Senator Hagan, in a press release stated:

“FDA is overburdened already, and lacks the capacity or the expertise to take on a large, complicated new industry. Rather than merely oppose FDA regulation, Senator Burr and I have offered an alternative proposal that protects the tobacco industry while also imposing stringent new restrictions that will prevent children from smoking. I will not stand idly by while the FDA is put in charge of such a critical industry to North Carolina.”

North Carolina is the largest tobacco producing state. Senator Hagan has also brought to light the farmers in North Carolina whose livelihood is deeply embedded in the tobacco industry. The Burr-Hagan bill, which would create an agency within the Department of Health and Human Services, has not moved along and instead, the "FDA bill" has. This prompted Senator Burr to try to filibuster, or to delay the process or delay the vote. He stated:

"What we're getting ready to do in the Senate is the worst thing we can do."

In order to stop a filibuster, the 2/3 of the Senate must vote for cloture. Just yesterday, the Senate invoked cloture - meaning there will no longer be debate or amendments to the bill. Unfortunately, this bill is likely to pass.

Where does the Grange stand?
The Grange opposes this bill on 2 major principles

• FDA has a significant amount of responsibilities and has not proven to be completely effective in accomplishing its current duties
• Regulation of tobacco by the FDA portrays an inaccurate representation of the safety of tobacco use

The Washington Post reported that independent assessments, as well as the FDA's own Science Board, have found that the FDA is overwhelmed with current responsibilities and is not completely capable of protecting the mass public from unsafe food and drugs. The most recent examples are the contamination of pet foods and heparin from China, contaminated weight loss products and a Salmonella outbreak in peanut butter. Tommy J. Payne, Executive Vice President of Public Affairs for Reynolds American, Inc. stated: "The FDA currently spends about $1.68/year per consumer on food safety. This bill, if signed into law, would have them spending $10/year per consumer on regulating tobacco products." Spending an inordinate amount of money on tobacco regulation will divert available funds from medicinal and food safety programs.

Despite blunders and criticism of the FDA, the agency still holds a significant amount of clout when confirming a product's safety. A 2004 CNN/USA Today/Gallup Poll showed that 70% of Americans had a great deal or moderate amount of confidence in the FDA to ensure prescription drugs are safe and a 2001 Harris poll found that 67% held favorable views of the FDA. Former Health and Human Services Secretary Michael Leavitt made the following statement: "Unlike the medical products FDA regulates, tobacco products cannot be made safe, and there is no medically established public health benefit associated with tobacco." The misrepresentation that the FDA is protecting public health is unsafe and dangerous.

If you are a member of a local Grange, please make every effort to contact Senator Hagan and contact Senator Burr and thank them for their leadership against this effort to bring tobacco under the jurisdiction of the FDA. Their hard work is greatly appreciated!

Short video recap of the issue