Response to HR 1265/S.982: Statement by Kathy Mulvey, Corporate Accountability International

The bill to grant the Food and Drug Administration authority to regulate tobacco, which passed the House in April as HR 1256, has been introduced in the Senate as S.982, with Edward Kennedy (MA) as the lead sponsor and 49 cosponsors.

Corporate Accountability International welcomes progress toward legislation that would, for the first time, grant the Food and Drug Administration the authority to regulate tobacco products. Tobacco remains one of the least-regulated products in the United States. Since 1994, Corporate Accountability International has joined with our allies in calling for the FDA's regulation of tobacco.

Big Tobacco maintains a powerful lobbying presence in Washington. Last year alone, Altria, the parent corporation to Philip Morris USA, reported spending at least $13.8 million to lobby the federal government. Altria says it backs the current legislation; however, this support should be seen as a red flag, not a positive sign.   

While the FDA's regulation of tobacco is necessary, much more is needed to protect Americans from tobacco addiction, disease and death. Of paramount importance is U.S. ratification of the global tobacco treaty. More than 160 countries have already ratified this groundbreaking treaty, which now protects 85 percent of the world’s people. In a characteristic move, the Bush Administration signed the treaty in May 2004 but never submitted it to the Senate for ratification. As a Senator, President Barack Obama urged then-President Bush to submit the treaty to the Senate. President Obama now has the opportunity to see this through.   

In addition, H.R.1256 must be strengthened in three important ways before it becomes law:

1. Congress and the FDA must protect federal tobacco control policy from interference by Big Tobacco, in accordance with Article 5.3 of the global tobacco treaty. Establishing a Tobacco Products Scientific Advisory Committee that includes tobacco industry representatives would be worse than inviting the fox to guard the hen house. Tobacco industry representation on any government body that sets or implements public health policy runs counter to specific guidelines on Article 5.3 adopted at a treaty enforcement meeting in South Africa last November. These guidelines have been a primary focus of Corporate Accountability International’s campaigning, because tobacco industry interference poses the single greatest threat to effective tobacco control policies around the world.
2. The FDA must implement and enforce a comprehensive ban on tobacco advertising, promotion and sponsorship – in accordance with global public health standards, and the Framework Convention on Tobacco Control. The current bill would only restrict tobacco advertising. Under the Master Settlement Agreement with U.S. states, tobacco corporations gave up certain kinds of ads, yet from 1999 to 2003, spending on U.S. tobacco advertising and promotion climbed from $6.7 billion to more than $15 billion.  
3. The FDA’s authority to protect people from the harm caused by tobacco must not be limited. Regulation needs to include binding obligations with specific timelines and penalties for non-compliance, and the FDA must be empowered to enact further measures in order to achieve public health objectives. Additionally, the FDA must not be positioned to assist the tobacco industry in its market expansion, or to endorse tobacco products. We view the idea of “safer cigarettes” – promised by an industry that has lied to the public and policymakers for decades – with caution and skepticism. 

By ratifying the global tobacco treaty and passing the Family Smoking Prevention and Tobacco Control Act with these three essential fixes, we believe the U.S. will be taking strong steps towards protecting Americans from the deadly effects of tobacco.   

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