In Brief

Extract

FDA Could Get Power To Regulate Tobacco

A bill introduced to Congress on May 20 would give the U.S. Food and Drug Administration authority to regulate tobacco products. The FDA cannot regulate tobacco unless Congress gives it the authority to do so, according to a 1996 Supreme Court ruling.

The Youth Smoking Prevention and Public Health Protection Act would allow the FDA to regulate the sale, marketing, and advertising of tobacco products, although the agency would not be allowed to ban cigarettes. Also, all tobacco products would have to be approved by the FDA, which would be able to evaluate the health risks associated with the products. The agency could require manufacturers to reduce, though not remove, nicotine in their products.

In addition, use of the terms “light” and “ ultralight” in advertising would be prohibited under the new legislation, and manufacturers of “reduced risk” tobacco products would not be allowed to make safety claims about their products unless specifically permitted to do so by the FDA. The bill would also give the FDA broad authority to regulate tobacco advertising, especially advertising aimed at children.