The issue of whether the Food and Drug Administration should regulate the tobacco industry has divided four lawmakers not along party lines but on the positions cigarette companies located in their states have taken on the matter.

Sens. Mark Warner and Jim Webb, both Democrats of Virginia, indicated this week they planned to support the legislation, which for the first time would create a federal regulatory framework for the tobacco industry.

So too has Virginia-based Altria Group Inc. (MO), owner of Philip Morris and the largest player in the U.S. cigarette market. The company has broken with its rivals and become a strong supporter of FDA regulation of the industry.

Sens. Richard Burr, R-N.C., and Kay Hagan, D-N.C., on the other hand, are opposed to the legislation and are trying to drag out the Senate's extension of the bill for as long as possible. The Tar Heel state's biggest tobacco companies - R.J. Reynolds, a unit of Reynolds American Inc. (RAI), and Lorillard Inc. (LO) - are opposed to the FDA legislation.

The Senate began debating the bill Tuesday, but due to Burr and Hagan's delaying tactics, it may not conclude consideration of it until next week. The two are unlikely to be able to stop the bill but can effectively force a delay of its passage.

Warner and Webb are open about the fact that their support for the bill is at least in part due to the fact that Altria is also in favor of it.

"We're listening to people from across the board including the people who are in the business," Webb said Tuesday. "From the Virginia perspective, people have become comfortable with the idea of regulation and the stability that comes with it."

Warner said he has been active with Altria for some time. When he was Virginia governor, he said, he worked to convince the company to move its corporate headquarters back to Virginia.

"They've been out in front of this for a long time," Warner said.

For its part, Altria said it has spoken to a number lawmakers about the issue. William Phelps, an Altria spokesman, declined to comment on whether there is any connection between the company's support for the legislation and the two lawmakers'.

Even Hagan seemed to accept the fact that the Virginians' support is largely due to Altria's position on the issue.

"I think it has to do with the fact that the industry of Virginia is supporting this bill," Hagan said when asked about the fact that Warner and Webb support the legislation while she is opposed.

Only Burr, long an opponent of FDA regulation of the tobacco industry, denies there is any connection between his position and that of the tobacco companies in his state.

"I've never suggested that I was against this because of the companies," Burr said.

A spokesman for Lorillard declined to comment when asked about the company's position and that of North Carolina's two senators.

To be fair, Burr and Hagan are not completely opposed to regulation of the industry; they are simply against legislation giving the authority to the FDA to do so.

Rather, they want to see a separate entity created within the Department of Health and Human Services that would be tasked solely with oversight of the tobacco industry.

"This could be a devastating thing to an agency that the American people see as a gold standard," Burr said, referring to the prospect of the FDA assuming regulatory authority over the industry.

Other Republican senators are lining up with Burr, making Hagan's opposition to the measure significant. Senate Minority Leader Mitch McConnell, R-Ky., voiced his concern in a statement that the FDA would be over-burdened if it was to be expected to take over regulation of the tobacco industry.

Wednesday, senior Democrats expressed confidence they would be able to garner the requisite 60 votes to pass the legislation, but talks were continuing with lawmakers who continued to be undecided on the issue.

There was expected to be a procedural vote on the legislation later Wednesday afternoon, which should provide a clearer idea of the levels of support for it.

Gregg Haifley, associate director of the Cancer Action Network, the American Cancer Society's lobbying arm, noted that it wasn't unusual for lawmakers to take positions on issues that reflect businesses in their states.

But, he said, it was troubling when those positions are aligned with those of the tobacco industry.

"We are disappointed because a vote against this bill is a vote for a business linked to addiction and death," said Haifly.

Matthew Myers, president of the Campaign for Tobacco-Free Kids, said that as the tobacco industry decreases in size, lawmakers might be less willing to side with it on issues.

"The truth of the matter is tobacco is a declining revenue source throughout the South," said Myers. "Added to that, North Carolina and Virginia are bearing a very heavy burden in terms of lung-cancer costs and health-care costs.

"Obviously Sens. Warner and Webb have done the calculation differently than Sens. Burr and Hagan," he said.

-By Corey Boles, Dow Jones Newswires; 202-862-6601; corey.boles@dowjones.com