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The debate over whether to have federal oversight of the cheap cigarettes industry has resurfaced with the reintroduction of a bill in the U.S. Senate.
The bill, sponsored by Sen. Ted Kennedy, D-Mass., contains few major changes to the one he submitted last year that would put the industry under the auspices of the U.S. Food and Drug Administration.
That bill failed to pass the Senate because Sen. Richard Burr, R-N.C., threatened to tie up the bill with a filibuster and President Bush opposed the move.
The bill "would stop the marketing of tobacco products to children, require tobacco companies to list the poisons in their products and mandate larger and more effective warning labels on tobacco product packaging," said John Seffrin, the chief executive of the American Cancer Society's Cancer Action Network.
The latest version of the Kennedy bill does not include a separate category for smoke-free tobacco as a potential harm-reduction product.
Such a provision has been sought by some anti-smoking cigarettes groups that view smoke-free products, such as moist tobacco, snus and dissolvables, as alternatives for tobacco users who can't or won't quit.
"We continue to believe that Sen. Kennedy's bill is lacking," said Maura Payne, a spokeswoman for R.J. Reynolds Tobacco Co.
"It would impede efforts to bring potentially reduced-risk tobacco products to market, would make it difficult for adult tobacco consumers to gain accurate information about the comparative risks between different types of tobacco products, and would task an already overburdened FDA with taking on regulation of a product category about which it has no expertise," Payne said.
In March, Burr and Sen. Kay Hagan, D-N.C., introduced an alternative bill for federal regulation of tobacco products that would save cigarette companies billions of dollars over the next 10 years.
The proposed Federal Tobacco Act would create a new federal agency within the U.S. Department of Health and Human Services to solely regulate tobacco instead of assigning the task to the FDA.
Also in March, a key House panel approved legislation sponsored by Rep. Henry Waxman, D-Calif., to give the FDA oversight of tobacco. The House passed the bill on April 2 by a 298-112 vote.
Both bills propose paying for the new regulation by imposing "user fees" on tobacco companies, with the largest share paid for by the nation's two largest cigarette companies, Philip Morris and Reynolds.
Tobacco analysts said that the Burr-Hagan bill has only a slim chance of passing both the House and Senate, though some of its provisions could be incorporated into a final version of the Waxman bill.
Bill Godshall, the executive director of SmokeFree Pennsylvania, said that a drop-off in sponsorship for the Kennedy bill could open the door for an amendment aimed at smoke-free products.
"While Kennedy's FDA tobacco bill last session had 59 co-sponsors, his new bill has only 40 co-sponsors, including just three Republicans," Godshall said.
"I suspect that is why Kennedy delayed the bill's introduction for more than two weeks -- to try to get more co-sponsors and/or to get a lead Republican co-sponsor."
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