A Leash on Big Tobacco
Congress should pass a bill that would regulate cigarettes.
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CONGRESS IS in recess, but critics haven't taken a break from assailing a long overdue bill to regulate big tobacco. In a column in USA Today, Sen. Richard Burr (R-N.C.) said that the bill "could do more harm than good"; he has threatened a filibuster. The Bush administration also opposes the bill, a sign that a veto is likely if the legislation passes.
It's no secret that the bill, which gives the Food and Drug Administration authority to regulate tobacco, is imperfect. The bill doesn't do enough to regulate menthol cigarettes, the choice of three-fourths of African American smokers. It also has a loophole that would give Big Tobacco a lengthy window to introduce new products without government approval. But it's better than the alternative: letting cigarette companies decide what's safe for consumers, which has led to 400,000 deaths in the United States each year.
Criticism of the bill doesn't jibe with the facts. The Bush administration says that the bill would overburden the FDA and create the perception that the agency endorses tobacco products. In fact, the bill would impose a fee on tobacco companies that would fund a separate center within the FDA to regulate the industry. The bill would ban advertising that could lead consumers to believe tobacco products are FDA-approved. The bill also eliminates labels such as "light" or "mild" that misrepresent the dangers of smoking, prohibits fruit-flavored cigarettes intended to lure new smokers and limits Big Tobacco from advertising to youth.
The House overwhelmingly passed the bill before recessing for the summer. In the Senate, there seem to be enough votes to pass the bill and avoid a filibuster but not yet enough to override a veto. Even if a veto is sustained, though, congressional passage this year would make it easier for the next administration -- Sens. John McCain and Barack Obama both support the bill -- to set up and enforce FDA regulation.
In the past, whenever there's been a push to regulate Big Tobacco, Congress has put other legislation first. This is the year lawmakers should make reining in Big Tobacco a priority.

