Below is an e-mail I sent out on 8/1/07 following Senate HELP Cmte mark-up and approval of Sen. Kennedy's FDA
tobacco bill, including amendments offered by cmte members (some of which are likely to be offered again). We need to convince Burr, Hagan and/or other Senators to offer reasonable and responsible smokefree tobacco harm reduction amendment(s) that allow e-cigarettes and recently introduced smokefree tobacco products to remain on the market and regulated as alternatives to cigarettes, and we need to convince other Senators to support. Republicans will be much more likely to support amendments than Democrats, as most of the latter don't want to piss off Kennedy or Waxman.
Bill Godshall
From: "smokefree" <SMOKEFREE@compuserve.com>
To: "Health Advocates" <bg-announce@smokescreen.org>
Sent: Wednesday, August 01, 2007 3:29 PM
Subject: [bg-announce]Senate HELP Cmte bans clove cigs, passes Philip Morris backed FDA bill
The U.S. Senate HELP Committee has approved S. 625, the Philip Morris
backed FDA tobacco legislation.
During today's markup session, the committee approved Senator Mike Enzi's
amendment #12 (to ban clove cigarettes), a provision that was in the
original legislation before Senator Ted Kennedy changed the bill several
weeks ago after Philip Morris announced it would begin selling Marlboro
clove cigarettes.
Amazingly, the Campaign for Tobacco Free Kids, American Cancer Society,
American Heart Association and American Lung Association OPPOSED Senator
Enzi's clove cigarette amendment and ALL OTHER amendments that would have
improved the public health provisions of the bill, including Senator Enzi's
amendment #4 (to require Canadian style graphic color warnings covering 50%
of cigarette packages, which the HELP Committee approved last week).
Also today, the Senate HELP Committee approved Senator Johnny Isakson's
amendment #3, Senator Richard Burr's amendments #1 and #6 (with
modifications) and Senator Kennedy's technical corrections, while rejecting
Senator Burr's amendments #2, #3, #5, #8 and #10.
Last week, the committee approved Senator Isakson's amendment #1 (in
addition to Senator Enzi's amendment #4), while rejecting Senator Orrin
Hatch's amendment #1.
It should be noted that Senator Burr's amendments #1 and #6, and Senator
Isakson's amendments #1 and #3 (all of which were approved by the
committee) will have virtually no or no negative public health impact for
the bill.
Still unresolved are Senator Enzi's amendments #8 and #9, Senator Tom
Coburn's amendments #1 and #2, Senator Hatch's amendment #6, and Senator
Burr's amendment #11, all of which are likely to be worked out and
considered on the Senate floor.
Below is a summary of the amendments that were filed to S. 625 (including
those that were not offered during committee markup), as well as Senator
Enzi's press releases criticizing today's committee approval of the Philip
Morris backed legislation, and discussing his amendment to ban clove
cigarettes.
Smokefree Pennsylvania shares Senator Enzi's concerns about S. 625,
applauds his leadership to improve the bill, and supports his alternative
HEALTH Act (S. 1834), which would reduced smoking by 90% over the
next 20 years.
Bill Godshall
Smokefree Pennsylvania
412-351-5880
- - -
Smokefree Pennsylvania endorsed 15* of the 36 amendments filed to S. 625
because each of those 15 amendments almost certainly would improve the
public health benefits of the legislation. An * precedes each public
health improvement amendment. Other amendments would have negative,
ambiguous or uncertain public health ramifications for the legislation.
S. 625
Amendment Purpose
*Enzi #1 Grant FDA authority to ban tobacco products
*Enzi #2 Grant FDA authority to reduce nicotine in tobacco products to
zero
*Enzi #3 Require product standards to conform to Data Quality Act
*Enzi #4 Require color and graphic warning labels to cover 50% of
cigarette pack
*Enzi #5 Double excise tax on all tobacco products; revenue to National
Cancer Institute
*Enzi #6 Ban menthol and clove as cigarette additives
*Enzi #7 Double excise tax on all tobacco products; revenue 50% to
Medicare, 25% to Medicaid and 25% to tobacco control and prevention
*Enzi #8 Double excise tax on all tobacco products; revenue to FDA
inspections
*Enzi #9 Increase fines for violations
Enzi #10 Strike Sections 903 thru 920 (i.e. pages 29-128)
*Enzi #11 Ban menthol as cigarette additive
*Enzi #12 Ban clove as cigarette additive
*Coburn #1 Includes Native American retailers and manufacturers
*Coburn #2 Limits Internet, telephone and mail order sales of tobacco
products
Burr #1 Strike provision on tobacco producers and manufacturer control -
no "FDA on the farm"
Burr #2 Change "public health" standard to "reduce youth tobacco use"
standard
Burr #3 Strike nonvoting status of manufacturer and farmer representatives
on advisory committee
Burr #4 Replaces 1996 rule with MSA advertising restrictions
Burr #5 Can't use existing FDA employees to carry out Act
Burr #6 Eliminate duplication of registration requirements (HHS and TTB)
*Burr #7 Require fines against manufacturer of most popular tobacco brands
used by youth
Burr #8 Change Section 911 standards and process on modified risk products
Burr #9 Preclude FDA actions that would increase illicit tobacco trade
Burr #10 Require states to spend CDC recommended levels for tobacco
control programs using settlement funds
Burr #11 Remove labeling and advertising restrictions, prohibit payments
for product placements and advertisements at retail, require RIP cigarettes
Burr #12 Subject 1996 and other rules to APA and Paperwork Reduction Act
Hatch #1 No effect of Act unless FDA gets sufficient funding for major
functions
Hatch #2 No effect of Act unless FDA gets sufficient funding for device
review
Hatch #3 No effect of Act unless FDA gets sufficient funding for biologics
review
Hatch #4 No effect of Act unless FDA gets sufficient funding for the
Office of Generic Drugs
Hatch #5 No effect of Act unless FDA gets sufficient funding for drug
evaluation and review
*Hatch #6 HHS certification required for all imported tobacco
Hatch #7 Standard for reduced risk products
Isakson #1 User fees only for products regulated under the Act
Isakson #2 Change distribution of user fees on industry from buyout back
to by excise tax paid
Isakson #3 Change user fees for small cigars
- - -
Mike Enzi, Ranking Member
Senate Health, Education, Labor and Pensions Committee
For Immediate Release
Contact: Craig Orfield (202-224-6770)
Wednesday, August 1, 2007
ENZI DENOUNCES HELP COMMITTEE APPROVAL OF DEMOCRAT MARLBORO PROTECTION ACT
Washington, D.C. - U.S. Senator Mike Enzi (R-WY), Ranking Member of the
Senate Health, Education, Labor and Pensions (HELP) Committee, today
denounced the HELP Committees approval of a Democrat bill he said "coddles
Big Tobaccos ambitious marketing plans while protecting the industrys best
tools to recruit and addict young smokers to inherently dangerous tobacco
products."
"Trying to make cigarettes safer through a billion-dollar bureaucracy is a
waste of time and money," Enzi said. "The right approach is to get people
to stop smoking, or better yet, never to start. Unfortunately, this bill
just doesnt do that. I believe we can do better."
"Tobacco is one of the biggest contributors to our nations growing health
care crisis. We need to fight the war on tobacco head on, not sign a peace
treaty with Philip Morris, a company that perpetuates and profits from the
crisis. Big Tobacco supports this bill because they have a stake in
maintaining the status quo. I don't. Theyre happy with a bill that doesnt
stop people from smoking; Im not. I want real change. We can and we must
do better than this bill."
The HELP Committee today approved the "Family Smoking Prevention and
Tobacco Control Act," S.625, a bill that would require the regulation of
tobacco products by the Food and Drug Administration (FDA). The bill would
gut the authority that Congress has bestowed and staunchly defended for the
FDA - the authority to remove health threats from the marketplace, Enzi
maintained.
"Poison peddlers shouldn't get to decide how we as responsible legislators
fight the war against their deadly products. I urge my friends in the
public health community not to become so desperate to do something about
the tobacco problem in this country that they fall for this wolf in sheeps
clothing," Enzi added. "Keep asking yourself: if this bill is good for Big
Tobacco, how can it be good for public health? The fact is, it cant. This
bill is nothing more than a Marlboro Protection Act, written to keep Philip
Morris at the top of the tobacco market."
Enzi urged his colleagues to consider legislation he introduced last week
to wipe out tobacco use in America through an innovative cap-and-trade
program that will shrink the size of the tobacco market over the next 20
years.
"Tobacco kills. We need new ideas to get people to stop smoking, or better
yet, never to start," Enzi said. "Thats what my legislation does. My bill
contains a novel cap-and-trade program that will guarantee that fewer
people suffer the deadly consequences of smoking, while providing
flexibility in how those reductions are achieved."
"Cap-and-trade programs have a proven track record in the environmental
arena, particularly in addressing acid rain. My tobacco plan is based on
the successful program in the Clean Air Act Amendments of 1990. This
system achieved the desired results faster and at lower cost than had been
anticipated. The same can be done for tobacco," Enzi said.
The cap-and-trade program will reduce the adverse health effects of tobacco
use through reductions in the size of the US tobacco market to fewer than 2
percent of the population over 20 years. Tobacco manufacturers would be
required to meet specific user level limits by specified deadlines and the
plan would set up a market share allocation and transfer system in which
allowances could be used, banked, traded, or sold freely on the open
market.
The Enzi proposal, the "Help End Addiction to Lethal Tobacco Habits Act"
(HEALTH Act), would also close loopholes in the law that tobacco companies
have exploited and enjoyed for far too long. It would use proven
approaches to help people stop using tobacco products and implement tried
and true prevention programs.
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