Public health advocates are applauding a new law that gives the Food and Drug Administration unprecedented authority to regulate the sale, marketing, and ingredients in tobacco products.
President Obama signed into law the Family Smoking Prevention and Tobacco Control Act (H.R. 1256) at a June 22 White House ceremony. The new law gives the FDA the power to regulate the levels of tar, nicotine, and other ingredients in tobacco products. While the law does not give the FDA the authority to ban tobacco products, it does give the agency broad authority to regulate labeling, packaging, and advertising of such products.
During a White House Rose Garden signing ceremony, President Obama said the law would “save lives and dollars” and would aid health reform efforts by reducing tobacco-related health care costs.
The law bans the use of cigarette additives or flavoring such as strawberry or grape that many public health advocates have said has been used by tobacco manufacturers to make smoking more appealing to minors. The law also prohibits tobacco companies from using descriptors such as “light” or “mild.”
Additionally, the bill calls on the FDA to consider fast-tracking the approval of new smoking-cessation products.
The new law also aims to prevent youth smoking by placing restrictions on outdoor tobacco advertising within 1,000 feet of schools and playgrounds, as well as on tobacco-product sponsorships of entertainment and sporting events.
Cigarette packs themselves will also be designed to deter smoking. Under the law, about half of the front and back of the package will be taken up by the warning label.
Manufacturers can choose from a selection of warnings such as “WARNING: Smoking can kill you” or “WARNING: Cigarettes cause cancer.”
These types of restrictions on advertising and labeling will help chip away at some of the ways tobacco companies have successfully created an aura of “cool” around smoking, said Danny McGoldrick, vice president for research at the Campaign for Tobacco-Free Kids.
Physician groups hailed enactment of the new law. “The new law represents an important break from the past, as it signifies broad acceptance that nicotine is a drug harmful to people's health,” Dr. J. James Rohack, president of the American Medical Association, said in a statement.
The American College of Physicians also praised the new law. Dr. Joseph W. Stubbs, ACP president, said it was “high time” the government began to regulate tobacco products, which contribute to so many chronic illnesses. Dr. Stubbs said that he hopes that the law will lead to stronger efforts related to smoking cessation.
One of the ways the FDA will be able to use its new authority to assist in smoking cessation is by regulating the ingredients in tobacco products. But finding the best way to do that may take some time, said Erika Sward, director of national advocacy for the American Lung Association.
Under the law, for example, the FDA is gaining the authority to reduce the amount of nicotine in cigarettes but scientists don't yet know if that would only lead people to compensate by smoking more, she said.
Aside from the concrete elements of the law, Ms. Sward said she hopes the law will also help people understand that tobacco addiction is powerful and that most people can't quit “cold turkey.”
It's important for physicians to talk to patients repeatedly about the need to quit smoking, she said.