CWNews
Bill in Congress Stalled
| FDA TOBACCO CONTROL BILL STALLED |  |  |
Page 1 of 2
Plus: cool video about the Avanti Cigar Co.!
Los Angeles, June 2 - While the 2008 election battle gets hotter, the bill allowing the U.S. Food & Drug Administration to take oversight of significant aspects of the tobacco industry is stalled for the time being.
In a note circulated by Chris McCalla, legislative director of the International Premium Cigar & Pipe Retailers Association, he noted that the current consensus is that "Given the status of the current legislation and the limited time remaining in the congressional schedule this election year, we consider the chances of Congress enacting legislation granting the FDA authority over all tobacco products to be no greater than 40% in 2008. Although bills have been reported by the House Energy & Commerce Committee and the Senate Committee on Health, Education, Labor & Pensions (HELP), further action has not yet been scheduled. Indeed, because neither committee has yet filed its report, no one has seen copies of the legislation approved by those committees. In addition, three committees in the House - Ways & Means, Natural Resources, and Appropriations -- have asked for jurisdiction over various aspects of the bill. Once these issues have been resolved, and the committee reports filed, the measure will be sent to the House of Representatives for a vote.
"Once the House passes the bill, it will go to the Senate. That body will likely use the House measure as a starting point, rather than the Kennedy bill approved by the HELP committee.
"As we have previously stated and discussed, cigarettes, RYO tobacco, and smokeless tobacco would be regulated immediately when FDA legislation is enacted; not cigars nor pipe tobacco. Once the legislation is enacted, then the process of the FDA getting geared up to regulate - and the initial, exclusive focus on cigarettes, RYO tobacco and smokeless tobacco - are likely to occupy the agency for two or three years minimum.
"We do not foresee cigars and pipe tobacco being added to the legislation as Sen. Kennedy and [Rep.] Waxman will strongly resist any revisions or changes made in the legislation because such changes may undercut the primary purpose of giving the FDA "full" jurisdiction over tobacco products. Even though the current bill is poorly drafted, the limited changes made to it so far have been adopted in the face of considerable resistance."
Even if a bill is adopted by both houses of Congress, it is still quite possible that it will be vetoed by President Bush. If so, it is not clear whether there will be enough votes to override it.