Historic anti-smoking vote to give FDA new power

WASHINGTON (AP) — Congress struck the government's strongest anti-smoking blow in decades Thursday with a Senate vote to give regulators new power to limit nicotine in cigarettes, drastically curtail ads and ban candied tobacco products aimed at young people.

Cigarette foes say the changes could cut into the 400,000 deaths every year caused by smoking and reduce the $100 billion in annual health care costs linked to tobacco.

The legislation, one of the most dramatic anti-smoking initiatives since the U.S. surgeon general's warning 45 years ago that tobacco causes lung cancer, would give the Food and Drug Administration authority to regulate the content, marketing and advertising of cigarettes and other tobacco products.

"This legislation represents the strongest action Congress has ever taken to reduce tobacco use, the leading preventable cause of death in the United States," declared Matthew Myers, president of Campaign for Tobacco-free Kids.

The 79-17 Senate vote sends the measure back to the House, which in April passed a similar but not identical version. House acceptance of the Senate bill would send it directly to President Barack Obama, who supports the action. House Speaker Nancy Pelosi said that "from what I have seen so far, I believe it will be possible for us to accept their bill and send it right on to the president."

Obama's signature would then add tobacco to other huge, nationally important areas that have come under greater government supervision since his presidency began. Those include banking, housing and autos. Still to come, if Congress can agree: health care.

Supporters of FDA regulation of tobacco have struggled for more than a decade to overcome powerful resistance — from the industry and elsewhere. In 2000 the Supreme Court ruled 5-4 that the agency did not have the authority under current law to regulate tobacco products, and the George W. Bush administration opposed several previous efforts by Congress to write a new law.

Thursday's legislation gives the FDA power to evaluate the contents of tobacco products and to order changes or bans on those that are a danger to public health. The agency could limit nicotine yields but not ban nicotine or cigarettes.