A look at FDA-tobacco legislation

By Jim Abrams

Associated Press

Published: Monday, June 22 2009 12:37 p.m. MDT

WASHINGTON (AP) — A look at legislation President Barack Obama signed into law Monday that gives the Food and Drug Administration regulatory controls over tobacco products.

Q. What is the main objective of the legislation?

A. The bill for the first time gives the federal government, through a new office in the FDA, authority to regulate the content, marketing and sale of cigarettes and other tobacco products. The focus is on reducing health risks from tobacco and making cigarettes both less accessible and less inviting to young people.

Q. What steps will be taken to reduce youth smoking?

A. Outdoor advertising within 1,000 feet of schools and playgrounds is banned. It limits most cigarette ads to black-and-white text only. Cigarette vending machines are confined to adults-only establishments. Remaining tobacco-brand sponsorships of sports and entertainment events will be stopped.

It bars cigarettes from containing candy additives or any other herb or spice flavors such as strawberry, cinnamon or grape that make cigarettes more attractive to young people. The goal is to reduce the 3,500 young people who every day smoke a cigarette for the first time. Of those, 1,000 will pick up a smoking habit.

Q. What are some of the other changes that smokers will see?

A. The new FDA office is required to come up with bigger warning labels that cover 50 percent of the front and rear of packages. The warnings will also become stronger in pointing out the health dangers of smoking. The bill bans the use of descriptions such as "light," "mild" or "low tar" that give smokers the impression that a brand is less risky to their health.

Q. What other powers does the bill give the FDA?

A. The FDA must give premarket approval to all new tobacco products such as new smokeless brands. The agency would also give prior approval of all label statements on tobacco products.

Tobacco manufacturers must provide detailed lists of ingredients, and the FDA has the authority to require changes in current and future products, including the reduction or elimination of harmful ingredients. That includes reduction in nicotine yields.

The FDA will collect fees from tobacco producers to pay for the new program.

Q. What powers does the FDA not have?

A. The FDA cannot ban nicotine from cigarettes. It cannot ban other tobacco products, including cigarettes, smokeless tobacco or cigars.

Q. What is the position of the tobacco industry?

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