Family Smoking Prevention and Tobacco Control Act Lynnae Griffiths PHSJ 410 Martin Donahoe, M. D. December, 2008
Smoking Kills. n n 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)
Domestic Tobacco Regulation Poor history of responding to evidence from medical and public health fields (1 st Surgeon General Warning 1966) n Current legislation represents at least a 13 year attempt to legislate or authoritate direct governmental tobacco industry regulation (since Clinton era reforms) n
FSPTC Act n n 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)
HR. 1108 and S. 625 (Identical) n n n 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 …
n n n n 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)
n “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
Conforms to First Amendment rights granting corporate free speech (“commercial free speech”) n Same legal precedent also protects abortion/contraceptive advertisement rights n
n 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 and bears few of the costs associated (Healton & Nelson AJPH 2004)
A Closing Thought… n “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
Questions? Comments?
Works Cited n n n 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_110 th. 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)
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