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FDA Given Power Over Tobacco Industry Marketing

by Andrew Torchon in Law, June 13, 2009

The FDA has been given the authority to govern how the big smoke industry can sell and advertise their product. The Federal agency has been given power to do everything except ban tobacco products.

Recent legislation to give the Food and Drug Administration authority to regulate how Big Tobacco sells and advertises their product is the culmination of a decades long fight to bring the industry under their direct oversight.  Of the bug three cigarette makers only Phillip Morris applauds this change as a step in the right direction. The other two tobacco giants believe the move is a bad one and cite Phillip Morris’s reasons for favoring the new governing body is because it could give PM a better position for their marketing strategies. Phillip Morris denies this is the case.

Existing laws already restrict the sale of cigarettes to minors, curtails the advertising of smoking in magazines, on television and radio as well as eliminating the use of cartoon like characters, (Joe Camel) because they were deemed too enticing to children.  The FDA has plans to further these restriction to include the prevention of tobacco companies from advertising on race cars or sponsoring sporting events in general. There is already guidelines in the works to stop companies from creating flavored cigarettes including menthol.

Opponents to this move point to current laws and the legislative body power of Congress to enact further restrictions on tobacco and that the FDA already has more than its share of work on its plate. There is also a concern that allowing the FDA to regulate tobacco but restricting them from outlawing these harmful products is a disingenuous preposition and puts the agency in a very hypocritical position.

The Food and Drug Administration’s job is to safe guard the public by stopping drugs, foods and other items that are deemed to be harmful. Drugs that are found to cause injury or death are immediately pulled from the shelves and foods, like lettuce or peanuts, when discovered to have been infected with Listeria or Salmonella, are hunted down and recalled before more damage can be done. Given the mission of the FDA it is curious to many why they would have their hands tied in the performance their duties.

The new authority is be handed over as soon as President Obama signs the legislation into law which is to happen today.

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  1. CycloneHog

    On June 13, 2009 at 12:14 pm


    STOMP! …that’s the sound of FDA snuffing out the tobacco industry. As this Newsy.com story mentions, this new legislation will give the FDA regulators an opportunity to finally regulate big tobacco the way it should be regulated–from a public health perspective.
    http://www.newsy.com/videos/new_sheriff_in_town

  2. @robotsoul

    On June 15, 2009 at 12:45 pm


    actually menthol was eliminated from the legislation, I suspect this has a lot to do with the fact that it is such a huge seller especially for PM who makes the second most popular brand of the flavor. Ultimately, the bill helps PM and industry leaders because it will increase consumption ( lower nicotine levels means smokers smoke more for their fix). Also regulation makes it harder to introduce risk-reducing alternatives. Furthermore, the bill makes cigs appear more safe because they are now approved by the federal government. Essentially, the federal govt, has just found a more efficient way to increase tax revenue from cigs see here for more:http://www.newsy.com/videos/new_sheriff_in_town

  3. Aauhein

    On September 19, 2009 at 7:00 pm


    ‘Cigarettes’ have over 400 chemicals in them. Making ‘them’ the most toxic-addictive drug ever legally and knowingly perpertrated on mankind.
    Now you know what Joe Biden meant when he said of his then running mate, Barrack Obama, …” this guys got a spine of steel”. Can he whip the FDA in shape ? Will this president be the first,where others have failed,to get the FDA to effectively, fullfill their job requirements and safe guard the people from harmful drugs?
    By the way did you know that the cigarette industry came about after the hemp farmers were run out? Read ‘The Marijuna Conspiacy’ to find out more.

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