Family Smoking Prevention and Tobacco Control Act

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Family Smoking Prevention and Tobacco Control Act

• Lynnae Griffiths
• PHSJ 410
• Martin Donahoe, M.D.
• December, 2008

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Smoking Kills.

• WHO estimates 5 million smokers die each year, or
  1 every 6 seconds
• 8 million annual deaths projected by 2030
• 400,000-450,000 US annual deaths
• Oregon 16.9 of the population smoke, 1.11
  billion in direct medical costs, additional 1
  billion in lost productivity (Campaign for
  Tobacco-Free Kids)

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Domestic Tobacco Regulation

• Poor history of responding to evidence from
  medical and public health fields (1st Surgeon
  General Warning 1966)
• Current legislation represents at least a 13 year
  attempt to legislate or authoritate direct
  governmental tobacco industry regulation (since
  Clinton era reforms)

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FSPTC Act

• Sponsored by Rep. Henry Waxman (D), Sen. Ted
  Kennedy (D), Rep. Tom Davis (D), Rep. Frank
  Pallone (D), and Sen. John Cornyn (R)
• Passed in the House July 31, 2008 (98 Democrats
  supporting, 51 Republicans opposing) with
  veto-proof margin
• Awaiting passage by Senate (Bush will veto),
  tabled by Committee
• Supported by Philip Morris USA (Significant PR
  shift since Clinton era)

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HR.1108 and S.625 (Identical)

• Amends the Federal Food, Drug and Cosmetic Act of
  1938
• Would allow the FDA to regulate tobacco
  manufactures, not growers
• Provides for internal content reporting
• Mandates registration of domestic and
  international tobacco producers
• does NOT establish a national minimum age
  requirement for purchase higher than 18
• product standard regulation including a ban on
  flavored tobacco products except menthol

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• Would allow the FDA to regulate nicotine content
  and harmful components
• Enable tobacco product recall
• no modified risk tobacco product without FDA
  approval (such as mild or light)
• advertising restrictions on tobacco retailers
• States can create stricter legislation, but must
  meet federal minimum
• Require warning labels of 30 of the front and
  rear panels of the package, and at least 20 of
  related advertisements
• Illicit trade prevention measures
  (international/domestic tobacco smuggling)

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• This legislation will give the FDA the legal
  authority it needs 1) to prevent tobacco
  advertising that targets children, 2) to prevent
  the sale of tobacco products to minors, 3) to
  help smokers overcome their addiction, 4) to
  identify and reduce the toxic constituents of
  tobacco products and tobacco smoke for those who
  continue to be exposed to them, 5) to regulate
  claims about reduced risk tobacco products, and
  6) to prevent the tobacco industry from
  misleading the public about the dangers of
  smoking. -Rep. Henry Waxman, sponsor

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• Conforms to First Amendment rights granting
  corporate free speech (commercial free speech)
• Same legal precedent also protects
  abortion/contraceptive advertisement rights

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• Tobacco control is a social justice issue.
  Tobacco industry targets women, young adults,
  people in developing countries, people of lower
  socioeconomic standing, people considered
  minorities in the US, etc, etc, etc and bears few
  of the costs associated (Healton Nelson AJPH
  2004)

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A Closing Thought

• Tobacco companies can appear to accommodate
  public health demands while securing strategic
  advantages. Negotiating with the tobacco industry
  can enhance its legitimacy and facilitate its
  ability to market deadly cigarettes without
  corresponding benefits to public health.
  -Wander, Nathaniel Malone, Ruth E. Making Big
  Tobacco Give In You Lose, They Win. (November
  2006) American Journal of Public Health

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Questions? Comments?
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Works Cited

• Wander, Nathaniel Malone, Ruth E. Making Big
  Tobacco Give In You Lose, They Win. (November
  2006) American Journal of Public Health, Voumue
  96, No.11. Retrieved November 28, 2008 from
  http//firstsearch.oclc.org (through PSU Library
  Database).
• World Health Organization www.who.int.en
• Campaign For Tobacco-Free Kids, Oregon Statistics
• Sen. Henry Waxman FSPTC Act summary
  http//www.house.gov/waxman/issues/health/tobacco_
  110th.htm
• Healton, Cheryl, Nelson, Kathleen (February
  2004). Reversal of Misfortune Viewing Tobacco
  as a Social Justice Issue. American Journal of
  Public Health, Vol. 94, No. 2. Retrieved from
  http//firstsearch.oclc.org through the PSU
  online database.
• (Full and further citations included in my paper)