Senate committee approves bill and sends legislation to the floor.

The Senate Health, Education, Labor, and Pensions Committee approved a bill on May 20 giving the FDA authority to regulate tobacco products. The nod came by a 15-8 vote, according to Sen. Christopher Dodd (D-Conn.), who shepherded the bill through committee.

Senate Bill 982 is Sen. Edward Kennedy's (D-Mass.) bill. In a statement reported by WNCT News, a North Carolina CBS affiliate, Kennedy said that FDA regulation can decrease smoking among youth by preventing tobacco advertising targeting children and can help prevent tobacco sales to minors. Kennedy also said regulation can make tobacco products less toxic and less addictive for those who use them.

Under S. 982, the FDA could ban certain tobacco products such as candy-flavored cigarettes, restrict tobacco advertising to black-and-white ads, and prohibit the use of the terms "mild" and "low tar," according to the Wall Street Journal. The FDA could also limit the amount of nicotine in tobacco products and enlarge warning labels.

H.R. 1256 addresses similar issues and passed the U.S. House of Representatives on April 2, though it does not include changes to tobacco products' warning labels. President Barack Obama has said he supports FDA regulation of tobacco.

Dodd is confident that supporters could overcome a 60-vote threshold to avoid a filibuster in the Senate, the Wall Street Journal stated. Passage in the full Senate is still uncertain, however, because of strong opposition from some lawmakers.

Why Passage Isn't a Given

Many Senate Republicans objected to giving the FDA power to regulate tobacco, saying the agency is already hard-pressed to perform its drug safety mission.

"Granting FDA regulation of the tobacco industry would severely impede the agency's core mission, which is to ensure the safety and efficacy of our nation's food supply, medicines, and medical devices," said Sen. Richard Burr (R-N.C.) in a statement on FDA regulation. "It would also discourage tobacco companies from introducing reduced-risk products to the market, which public health experts say could significantly reduce tobacco-related illness and death."

"I think that the key point is that they've got too much on their plate right now," Sen. Kay Hagan (D-N.C.) told a WNCT reporter, referring to the FDA. "You look at the outbreaks of salmonella that have occurred across our country, and I think they're overburdened. I think they're overworked and they need to concentrate on food and drugs."

Since the National Institutes of Health states that tobacco is not only a drug but "one of the most heavily used addictive drugs," other legislators believe placing tobacco under FDA regulation is appropriate.

Bills Get Some Surprise Support

Even some within the tobacco industry support S. 982, Altria Group, Inc., the parent company of Phillip Morris, has supported legislation that would provide for "tough but reasonable federal regulation of tobacco products by the Food and Drug Administration for more than eight years," according to a position statement on Altria's website. Altria Group and its tobacco operating companies believe that adult consumers should be the primary beneficiaries of a regulatory framework:

·         under which all tobacco product manufacturers and importers doing business in the United States must operate by the same high standards;

·         for the pursuit of tobacco product alternatives that are less harmful than conventional cigarettes; and

·         that should provide for transparent, scientifically grounded, accurate communication about tobacco products to consumers.