U.S. Smokeless Tobacco Company supported legislation that would provide for tough but reasonable federal regulation of tobacco products by the Food and Drug Administration (FDA). In June 2009, President Obama signed the Family Smoking Prevention and Tobacco Control Act (FSPTCA), granting the FDA federal regulatory authority over tobacco products. Under this law, FDA has authority to regulate cigarettes, cigarette tobacco, “roll-your-own” tobacco and smokeless tobacco products, and may extend its authority to regulate other tobacco products such as cigars and pipe tobacco.
We believe that this regulation, thoughtfully implemented, can contribute to resolving many of the complex issues that surround smokeless tobacco and other tobacco products provide significant benefits to adult consumers by, among other things:
- establishing a common set of high standards for all tobacco manufacturers and importers doing business in the United States;
- providing a framework for the evaluation of tobacco products that are potentially less harmful than conventional cigarettes; and
- creating clear principles for accurate, science- and evidence-based communications about tobacco products to consumers.
We believe that implementation of this regulation is best achieved through an approach that draws upon the experience and expertise of all stakeholders, including the tobacco industry. The experience, expertise and viewpoints of the industry can be a valuable resource to the FDA in achieving a science- and evidence-based program that results in reasonable regulation. Our companies seek to work with the FDA as it implements a comprehensive national regulatory framework.
The implementation of the FSPTCA will take place over time. While some provisions took effect when the President signed the bill into law, many of the changes required by statute will not take effect for some time. Several areas require the FDA to take action through rulemaking, which generally involves public comment and, for some issues, scientific review.
The new law’s provisions include among other things:
- changes to the current smokeless tobacco product health warnings, including enlarging their size;
- authority for the FDA to require new warnings in the future;
- authority for the FDA to mandate changes in the design of tobacco products to protect the public health, including the authority to regulate nicotine yields and to reduce or eliminate harmful components of tobacco products;
- authority for the FDA to require ingredient testing and to remove harmful ingredients if supported by sound scientific evidence;
- authority for the FDA to do more to prevent minors from using tobacco products;
- authority for the FDA to establish standards for products that could potentially reduce the harm caused by tobacco products and to define the appropriate ways to communicate about these products;
- requirement that the FDA establish good manufacturing practices for the tobacco manufacturing process; and
- recognition that implementation of any advertising and promotion restrictions, including those in the statute and those required or authorized to be promulgated as regulations, must pass muster under the First Amendment.
