News & Observer | newsobserver.com | Cigarette foes push for tobacco control

Published: Feb 27, 2007 12:00 AM
Modified: Feb 27, 2007 06:17 AM

Cigarette foes push for tobacco control

N.C. senators oppose the bill, which would place strict limits on marketing

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HEALTH ADVOCATES BACK A CRACKDOWN

The "Family Smoking Prevention and Tobacco Control Act" authorizes the Food and Drug Administration to regulate the advertising, content and sale of tobacco. Supporters include dozens of public health groups, some of which have called for a complete ban on cigarettes. Philip Morris, the nation's largest tobacco manufacturer, also supports the bill.

The bill would:

* Reinstate a 1996 FDA rule restricting tobacco marketing to youth

* Ban remaining tobacco brand sponsorships of sports and entertainment events

* Ban free samples of fewer than 20 cigarettes

* Ban "light," "mild" and "low" labels

* Ban fruit- or candy-flavored cigarettes

* Limit advertising in youth publications and at stores to black-and-white text only

* Require companies to disclose to the FDA all their ingredients

* Grant FDA authority to change tobacco products to protect public health

* Require FDA to regulate "reduced harm" products based on scientific evidence

FOES SEE HARM TO BUSINESS

Opponents include a bipartisan group of Senators and House members, along with R.J. Reynolds of Winston-Salem and other tobacco companies. In North Carolina, opponents include U.S. Sens. Richard Burr and Elizabeth Dole. Among the top 20 tobacco recipients in the 2006 cycle were Dole and U.S. Reps. Virginia Foxx, Robin Hayes and Mike McIntyre. All oppose or have expressed concerns about the bill.

Among their arguments:

* The legislation doesn't take into consideration changes in tobacco marketing and sales that have occurred in recent years.

* Restrictions would prevent smaller companies from developing new market shares among adult smokers.

* The Food and Drug Administration is already burdened with its work on food and drug safety.

* Black-and-white, text-only ads and the ban on direct-mail marketing don't allow companies to promote their brands.

* Reducing nicotine levels significantly could hurt consumer acceptance of products, lowering sales.

(WASHINGTON CORRESPONDENT BARBARA BARRETT)

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RALEIGH - R.J. Reynolds' new Camel No. 9s arrived this month in a black package trimmed in fuchsia, the slim cigarettes stamped with a tiny pink dromedary. The No. 9s are, according to the floral advertising, "light and luscious," and full-size packs are handed out free to women at bars in Raleigh and other towns.

"They're cute," said Samantha Brown, a 20-year-old N.C. State University junior. "And they're lighter. They are. It's like smoking air."

But the marketing of the brand -- along with other tobacco products -- would change under a bill to be heard today in the U.S. Senate's health committee. Ads in young people's magazines would be stark. Gone would be the colorful posters at convenience stores. And the cigarettes couldn't be offered in free sample packs of fewer than 20.

There would be no "light" cigarettes, like the No. 9.

The sweeping bipartisan bill introduced this month would authorize the Food and Drug Administration to regulate tobacco for the first time in an effort, supporters say, to help current smokers quit and prevent youth from picking up the habit. The bill, running more than 150 pages, is championed by Sen. Ted Kennedy of Massachusetts and strongly opposed by Sen. Richard Burr of North Carolina.

The legislation would put in place a set of 1996 rules on marketing that were blocked in 2000 when the Supreme Court ruled that existing law doesn't allow the FDA to regulate tobacco.

It would require disclosure of cigarette ingredients to the federal government, and FDA approval of any claims that a cigarette poses a "reduced risk" to smokers. The bill also would allow the FDA to reduce harmful contents, including nicotine, though the administration would not be allowed to ban it.

"This is a very significant step," said Paul Billings, vice president of national policy and advocacy for the American Lung Association. "This is the one thing the federal government can do to control marketing and selling the product to kids."

Better chance to pass

Advocates also believe that in the current political landscape, the bill could pass. Democrats, who have been more likely to vote against tobacco interests, are in charge of Congress. With the federal government no longer providing federal subsidies to tobacco farmers after a 2003 buyout, tobacco interests are splintered.

Tobacco giant Philip Morris of Richmond, Va., maker of Marlboro and Virginia Slims, supports the legislation, saying regulation would bring "predictability and clear standards" to the tobacco industry.

Other companies, including R.J. Reynolds of Winston-Salem, are opposed, saying the bill prevents them from going after other brands' smokers in a shrinking market.

"The current environment is good for us to get this done this year," said Wendy Selig, vice president for legislative affairs for the American Cancer Society's Cancer Action Network.

Burr plans a fight

First, though, the bill's supporters must overcome Burr, a Republican who has pledged to use "every legislative tool at my disposal" to stall the bill.

Burr hails from Winston-Salem, home to R.J. Reynolds, and is a longtime tobacco supporter. He helped block this legislation when it arose in 2003, when he was a congressman.

In the 2004 election cycle, Burr received more tobacco money than any federal candidate except President Bush, according to the Center for Responsive Politics in Washington. On the Kennedy bill, he figures he could eat up five weeks of the Senate's legislative business through various holds and procedural votes.

"Clearly, I can only cause so much havoc for so long," Burr said Monday. "I lose this vote over time, but I sure can eat up the clock."


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Washington correspondent Barbara Barrett can be reached at (202) 383-0012 or bbarrett@mcclatchydc.com.

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