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