UPDATE: US Senate Panel Approves FDA Tobacco-Regulation Measure
May 20 2009 - 8:40PM
Dow Jones News
A bill giving the Food and Drug Administration power to regulate
tobacco products won approval from a key U.S. Senate panel
Wednesday, clearing the way for a full Senate vote.
The Senate Health, Education, Labor and Pensions Committee
approved the bill by a 15-8 vote. According to Sen. Christopher
Dodd, D-Conn., who shepherded the bill through the committee, the
Senate could take up the legislation as soon as the first week of
June.
The bill, introduced by Sen. Edward Kennedy, D-Mass., would give
the FDA limited authority to monitor smoking products. It would
impose strict controls on advertising that restrict ads to black
and white, and stop the use of terms "mild" and "low tar." A
similar bill passed the House last month.
Dodd expressed confidence that supporters of the bill could
overcome a 60-vote threshold to avoid a filibuster in the
Senate.
"I think we'll be in fairly good shape," Dodd said.
Three Republicans on the panel - Sens. John McCain, R-Ariz.;
Lisa Murkowski, R-Alaska; and Judd Gregg, R-N.H. - voted in favor
of the legislation.
The support of the three Republicans comes as a strong sign for
the bill's prospects in a Senate vote. Democrats, nearly all of
whom support the bill, already control 58 seats in the Senate. Only
one Democrat, Sen. Kay Hagan, D-N.C., voted against the bill in
committee.
An amendment introduced Wednesday by Sen. Richard Burr, R-N.C.,
would have replaced the bill with his own legislation. Burr's
amendment was defeated by a 13-9 vote.
Tobacco producers have a large presence in North Carolina, the
home state of Hagan and Burr. Hagan said Tuesday that 65,000 jobs
would be affected by the legislation.
Reynolds American Inc. (RAI) and Lorillard Inc. (LO), two
leading tobacco companies, are based in North Carolina.
Burr's alternative measure would have created a new agency
within the Health and Human Services Department to regulate
tobacco. Many Senate Republicans objected to giving the FDA power
to regulate tobacco, saying that the agency is already hard-pressed
to perform its drug-safety mission.
Altria Group, Inc. (MO), the parent company of tobacco producer
Philip Morris USA, announced its support in March for the House
bill allowing FDA regulation of tobacco.
A spokesman for the company, William Phelps, said Wednesday in a
statement the House bill "represents a better approach" than the
Senate bill, but did not take an official position on the Senate
bill.
Still, some have said that the company has taken an active role
in crafting the Senate tobacco legislation. Sen. Mike Enzi, R-Wyo.,
who opposes the legislation, said in a statement Wednesday that
Altria's Philip Morris is "one of the authors and strongest
supporters of this bill.
"We need to fight the war on tobacco head on, not sign a peace
treaty with Philip Morris," Enzi said.
Smaller tobacco producers, such as Reynolds and Lorillard, have
suggested that FDA regulation of tobacco would allow Altria to
exploit its advantages and solidify its current market share.
-By Patrick Yoest, Dow Jones Newswires; 202-862-3554;
patrick.yoest@dowjones.com
(Jared Favole contributed to this story)