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New tobacco buyout proposed Posted on Thu, Jul. 15, 2004 A FEW REASONS WHY SMOKERS SHOULD OPPOSE THE FDA TOBACCO BILL 1. Basically Will Allow Power to Ban Existing Conventional Tobacco Products. · FDA may adopt tobacco product standards at any level, as long as they are “appropriate for protection of the public health.” · Standards can regulate any aspect of “the construction, components, ingredients, additives, constituents, including smoke constituents, and properties of the tobacco product . . . .” · FDA can prohibit the use of any ingredients, or mandate reductions in smoke constituents that would make the products unacceptable to all or nearly all adult smokers. 2. Creates New Bureaucracy. · In 2000 FDA bill, FY00 budget request for FDA tobacco regulation was $34 million. · This bill includes a tax increase of $300 million in 2006, adjusted for inflation thereafter. · The entire Bush Admin. FY04 request for medical devices was $185 million. 3. Limits the Ability to Communicate with Adult Consumers. · The 1998 Master Settlement Agreement with state Attorneys General already eliminated the most youth-sensitive forms of marketing and advertising: it bans all outdoor and transit advertising (including billboards), limits the size of retail advertising, bans advertising in youth-oriented publications, limits corporate sponsorship, bans brand-name merchandise, and bans youth access to free samples. · Additional restrictions potentially authorized by the bill, such as tombstone advertising and a ban on self-service displays, will, if constitutional, significantly impact adult consumers. · The broad, unlimited authority in this bill to restrict advertising by any means and to any extent “appropriate for the protection of the “public health” will fundamentally limit communication to adult consumers. 4. Authority No Longer Tied to Reducing Youth Usage, but, Rather, to Adults. · FDA bills originally required that restrictions on sale, distribution, advertising or promotion of tobacco products be “appropriate for prevention of, or decrease in, the use of tobacco products by children”. · Under this bill, the authority to impose new restrictions requires only that the restrictions be “appropriate for protection of the public health.” · Perhaps one reason for the switch is that HHS statistics show that youth smoking has fallen to a 27-year low.

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