House Panel Approves FDA Tobacco Oversight

[Tallulah]

Bloomberg.com: U.S.

 

[TropicalBob]

I so wish they'd listen to the Indiana representative calling for harm reduction. Control of tobacco should either be in a special agency -- Alcohol, tobacco and Firearms -- or with the Department of Health and Human Services. After all, they claim smoking is America's biggest health problem.

But what this legislation is saying in its implication is that nicotine is a drug needing regulation by the Food and Drug Administration. If that's so, what of e-smoking's future and our drug delivery devices for nicotine?

 

[jennydotz]

Tallulah--THanks for posting the news

 

[MonkeyMonk]

Ugh! Certain parts of that article are more troublesome than others.

 

[jamie]

I believe this is the bill in question - H.R. 1108: Family Smoking Prevention and Tobacco Control Act

http://www.govtrack.us/congress/bill.xpd?bill=h110-1108

http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h1108:


Snips from the article:

March 4 (Bloomberg) -- Decade-old legislation authorizing the U.S. Food and Drug Administration to regulate the $80- billion-a-year tobacco industry cleared a House panel, where Democrats said broad support may speed approval this year.

The House Committee on Energy and Commerce passed the legislation, the Family Smoking Prevention and Tobacco Control Act, in a 39-13 vote today in Washington. The same measure was passed by a 3-to-1 margin in the full House of Representatives last July before stalling....

The bill, backed by industry leader Altria Group Inc. and President Barack Obama, would restrict tobacco marketing to young people, add larger warnings to cigarette packages, and require the FDA to police ingredients and the introduction of new products.

All of the Democrats at the panel’s meeting voted in favor of the legislation, and they were joined by six Republicans. The measure now moves to the full House.

“The American Lung Association urges the full House to quickly pass this important bill..."

Representative Steve Buyer of Indiana instead proposed a new "Tobacco Harm Reduction Center" within the U.S. Health and Human Services Department to encourage ways to reduce harm from smoking, including a shift toward smokeless products.

Smaller tobacco manufacturers Reynolds American Inc. and Lorillard Inc. also oppose the legislation, saying restrictions would perpetuate the dominance of Altria’s Philip Morris USA... also fears the FDA won’t do enough to encourage development of less-harmful tobacco products

Regulation would be funded through fees paid by companies. The legislation wouldn’t allow the FDA to ban tobacco entirely.​

 

[smokingclam]

The bill, backed by industry leader Altria Group Inc. and President Barack Obama, would restrict tobacco marketing to young people, add larger warnings to cigarette packages, and require the FDA to police ingredients and the introduction of new products.


I don't like the part about new products stated here. Even though they are not tobacco products will we fall under this?

 

[Josh]

Wow, what a time for me to join this forum... 8-o

I watched the live broadcast earlier today, and agree with Bob's comment about the congressman from Indiana... although it did seem like he was fighting an uphill battle against the majority. From what I observed, most of the committee had already made up their minds about the bill, and were ready to push it back to the house to vote on.

And yeah, the bill is essentially HR 1108 -- resubmitted as HR 1256. I realize as a newbie, I can't post links, but it's on THOMAS, and I'm sure someone can easily find it and post the link.

I'm keeping a watchful eye on this... means a lot to me since I just got my first vaporizer just a few weeks ago

 

[NumerousOne]

The bill, backed by industry leader Altria Group Inc. and President Barack Obama, would restrict tobacco marketing to young people, add larger warnings to cigarette packages, and require the FDA to police ingredients and the introduction of new products.


I don't like the part about new products stated here. Even though they are not tobacco products will we fall under this?

Actual wording from the bill.... Look for yourselves.

"(5) to vest the Food and Drug Administration with the authority to regulate the levels of tar, nicotine, and other harmful components of tobacco products;"

Just go to the following link GovTrack: H.R. 1108 [110th]: Text of Legislation, Referred in Senate and do a find (Ctrl-F) on "nicotine" without the quotes, to see all the new rights it proposes they should give the FDA in regards to nicotine. One of concern is already hired.

Personally I'm going to write my congressman, I think if the tobacco industry is going to be regulated at all, it needs to be by an entirely new agency that will actually suggest smokeless alternatives to smoking and get people off cigarettes safely. Basically if this bill is passed the already overworked FDA has the right to control the tobacco industry. Since their game is public health and tobacco is detrimental to health, tobacco, tar, and nicotine would obviously be banned. Might as well throw alcohol in there (like it worked during the prohibition).

Write your congressmen, ask them to oppose the bill.

Push e-cigarettes till they become mainstream and the problem will take care of itself.

I'll post a link shortly, that will give you the e-mail of your local congressman and possibly a pre-written letter, by yours truly , contesting the bill.

 

[TribbleTrouble]

This subject bums me out more than this horrible economy.

 

[dc2k08]

Sen. Richard Burr, R-N.C., whose state is home to R.J. Reynolds, has threatened to filibuster the legislation when it reaches the Senate. A spokesman said Burr will offer a competing bill in the coming weeks

source

 

[Tallulah]

‘(3) LIMITATION ON POWER GRANTED TO THE FOOD AND DRUG ADMINISTRATION- Because of the importance of a decision of the Secretary to issue a regulation--

‘(A) banning all cigarettes, all smokeless tobacco products, all little cigars, all cigars other than little cigars, all pipe tobacco, or all roll-your-own tobacco products; or

‘(B) requiring the reduction of nicotine yields of a tobacco product to zero,the Secretary is prohibited from taking such actions under this Act.

I've said it before on this forum and I'll say it again, THIS is why Philip Morris is supporting this bill. It's also why I think the proposed legislation may be a double-edged sword for us. On the one hand, we may be saved from having nicotine banned outright; on the other, it may be the bloody road on which Big Pharma rides in to slay us.

 

[dc2k08]

I think joel nitzkin said it best:

Still, some critics say the bill, largely the product of years of negotiation between cigarette giant Phillip Morris and the advocacy group Campaign for Smoke Free Kids, does not go far enough.

"This is a big gift to Phillip Morris and a big scam," said Joel Nitzkin, chairman of the tobacco control task force of the American Association of Public Health Physicians. "Our initial impression was gee, this would be great. But when we read through the entire 160 pages, we were horrified by what we saw."

Nitzkin said, for instance, that the bill has a grandfather clause that protects products currently on the market but creates hurdles for new products such as low-nicotine lozenges that deliver a nicotine dose but are not smoked and therefore pose no risk of lung disease and a much reduced chance of heart disease.

we are a pathetic bunch us nicotine addicts, having to spend time worrying about bullsh1t like this. actually does make me want to quit nic completely and spend my time taking something useful.

 

[Sun Vaporer]

But what this legislation is saying in its implication is that nicotine is a drug needing regulation by the Food and Drug Administration. If that's so, what of e-smoking's future and our drug delivery devices for nicotine?

TB is right on point here--as reiterated from the bill ---The literal reading is once again bad news on the door step for us -- Specifically Sec. 918 as set forth here-- is our device in fact going to be considered "An Innovative Product" --See below in relevent part..............
H.R.1256

Family Smoking Prevention and Tobacco Control Act (Introduced in House)

`SEC. 918. DRUG PRODUCTS USED TO TREAT TOBACCO DEPENDENCE.

• `(a) In General- The Secretary shall--

• • `(1) at the request of the applicant, consider designating products for smoking cessation, including nicotine replacement products as fast track research and approval products within the meaning of section 506;

• • `(2) consider approving the extended use of nicotine replacement products (such as nicotine patches, nicotine gum, and nicotine lozenges) for the treatment of tobacco dependence; and

• • `(3) review and consider the evidence for additional indications for nicotine replacement products, such as for craving relief or relapse prevention.

• `(b) Report on Innovative Products-

• • `(1) IN GENERAL- Not later than 3 years after the date of enactment of the Family Smoking Prevention and Tobacco Control Act, the Secretary, after consultation with recognized scientific, medical, and public health experts (including both Federal agencies and nongovernmental entities, the Institute of Medicine of the National Academy of Sciences, and the Society for Research on Nicotine and Tobacco), shall submit to the Congress a report that examines how best to regulate, promote, and encourage the development of innovative products and treatments (including nicotine-based and non-nicotine-based products and treatments) to better achieve, in a manner that best protects and promotes the public health--

• • • `(A) total abstinence from tobacco use;

• • • `(B) reductions in consumption of tobacco; and

• • • `(C) reductions in the harm associated with continued tobacco use.

• • `(2) RECOMMENDATIONS- The report under paragraph (1) shall include the recommendations of the Secretary on how the Food and Drug Administration should coordinate and facilitate the exchange of information on such innovative products and treatments among relevant offices and centers within the Administration and within the National Institutes of Health, the Centers for Disease Control and Prevention, and other relevant agencies.

 

[Tallulah]

we are a pathetic bunch us nicotine addicts, having to spend time worrying about bullsh1t like this. actually does make me want to quit nic completely and spend my time taking something useful.

Caffeine to make you work hard, alcohol to get the angst out of your system, like a good little worker bee. Weed is out of the question because it makes you not give a good ......n about the structure of the honeycomb. I honestly don't know where nicotine fits into this picture, except that some .......s won't be happy until they control every aspect of your nasty, short, and brutish life.

 

[Lithium1330]

I think joel nitzkin said it best:



we are a pathetic bunch us nicotine addicts, having to spend time worrying about bullsh1t like this. actually does make me want to quit nic completely and spend my time taking something useful.

Yes DC this sucks, lets just grow our own tobacco and vaporize that and send goverments to hell.

We will not have health issues and they will not have big taxe's money.

 

[kylewinther]

all of this is ludicrous, why doesn't the FDA test it first instead of straight up baning it?

 

[jamie]

Regarding the legislation, esp. for letter writers, two documents from AHEAD with proposed modifications (note these are pdf):

---------------------------
June 2008 (Revised January 2009)

MAKING SCIENCE-BASED REDUCED RISK TOBACCO PRODUCTS A PART OF EFFORTS TO REDUCE DISEASE AND DEATH FROM TOBACCO

CONSTRUCTIVE AND RATIONAL MODIFICATIONS TO THE FINDINGS AND SECTION 911 OF HR 1108

http://www.tobaccoatacrossroads.com/articles/FDARecs-(Jan 2009).pdf

---------------------------
REFORMING NATIONAL TOBACCO POLICY

A Rational Approach For the Comprehensive Reform over the Production, Processing, Manufacturing, Sale, Distribution and Marketing of Tobacco and Tobacco Products

Finding Civil Solutions in an Uncivil Environment

January 2009

http://www.tobaccoatacrossroads.com/articles/NationalTobacPolicy2009111thCong.pdf

---------------------------


Here is the status on tobacco issues via search at The Hill:

http://search.thehill.com/search?ie...hill_frontend&oe=&q=tobacco&btnG.x=0&btnG.y=0

 

[Sun Vaporer]

all of this is ludicrous, why doesn't the FDA test it first instead of straight up baning it?

Delight--it is ludicrous--the way the laws are written, the burden of proof falls on the manufacture/maker/distibuters to show by way of application for approval and studies that their product is safe to be approved. So the FDA does not have to do anything but sit their and, absent application and supporting saftey data--it can rear its head anytime it wants and pull the product---Sun

 

[NumerousOne]

Delight--it is ludicrous--the way the laws are written, the burden of proof falls on the manufacture/maker/distibuters to show by way of application for approval and studies that their product is safe to be approved. So the FDA does not have to do anything but sit their and, absent application and supporting saftey data--it can rear its head anytime it wants and pull the product---Sun

Be the change you expect in the world....

I don't fret at possibilities or look to far into the future, I asked for a safe alternative to smoking have received it and will now support it.

Personally I've registered with govtrack.com and will keep abreast on this and other issues that can affect me.

I am currently writing my local congressmen about my feelings on the situation, will refrain from participating in negative outcome threads in the future, and will continue to propose this as a smoking alternative and possible path to quitting to everybody I know.

I will post my letter when I'm done. I need to get back to work.

God Bless....

 

[jamie]

Awesome post. Thank you NumerousOne.