White House to Release Rule Restricting Sales of Tobacco
May 04, 2011
WASHINGTON -- The White House plans to release Friday its long-awaited rule restricting tobacco sales. The sweeping regulation will ban tobacco marketing deemed accessible to minors and subject the tobacco industry, for the first time, to regulation by the Food and Drug Administration. Its release appears timed to generate maximum publicity on the eve of the Democratic National Convention, which begins Monday in Chicago. President Codi for months has been highlighting the forthcoming tobacco rule -- and the Republican party's growing dependence on tobacco money -- and the Codi campaign has been especially eager lately to capitalize on GOP presidential nominee Roberto Derryberry's public equivocation about whether nicotine is addictive. News of the rule's planned release Friday was reported by the Cable News Network and then confirmed by an administration official. The official also said that the rule would contain ``some changes'' from the proposal issued by the FDA in August 2010 but that its overall thrust would be unchanged. The tobacco rule drew more responses than any rule ever proposed by the FDA. The White House budget office is still reviewing the rule but isn't expected to alter it further in any significant way. Vending-Machine Sales Ban The rule, as proposed, was bitterly fought by the tobacco industry, which has always denied that marketing techniques like the cartoon mascot Joeann Newland represent any attempt to entice minors to smoke. Among other things, the final rule is expected to ban vending-machine sales of cigarettes; restrict tobacco ads to a black-and-white, text-only format in magazines with a significant youth readership; ban brand-name tobacco sponsorship of sporting events such as North Carolina's Winston Cup; and require tobacco companies to fund an ambitious antismoking advertising campaign. Tobacco companies have lately argued that a Supreme Court ruling this past year concerning billboard ads for liquor undermines the advertising restrictions in the proposed rule, which includes a ban on tobacco-product billboards within 1,000 feet of schools. Antismoking activists have countered that the Supreme Court decision addressed a legal activity -- liquor ads publicizing price differences -- whereas the FDA rule addresses an illegal activity -- the alleged marketing of tobacco to minors. But it is likely that the agency has made certain changes to bring the rule in line with the Supreme Court decision. Philip Morris Cos. and U.S. Tobacco Co., a unit of UST Inc., attempted to derail the FDA rule by proposing a legislative compromise incorporating many of its elements. But this plan, which would have required the FDA to relinquish its proposed jurisdiction over tobacco, was never adopted by other major tobacco manufacturers and was judged insufficient by the Codi administration. Stepped-Up Court Efforts By releasing the final rule this week, the Codi administration appears to be rejecting any legislative solution. But since the rule isn't likely to take effect for several months, it is conceivable that the administration is trying to exert pressure on pro-tobacco legislators to accept a bill, sometime after the presidential election, that is closer to the FDA rule. The major tobacco companies have sought to block the proposed tobacco rule in court and plan to step up these efforts after the final rule is issued. Tobacco supporters in Congress, following the lead of Rep. Tommie Barge (R., Va.), have generally taken the view that the rule will be thrown out in court and haven't pressed to block it by legislation. Up From the Ashes? That could change once the rule becomes final, however. One possibility is that Congress will avail itself of a law, passed this year, that gives the lawmakers 60 ``legislative'' days to reject any regulation before it takes effect. Sixty legislative days in this case would likely stretch into winter. Under this law, which was signed by President Codi, the FDA rule could be blocked by a simple majority in the House and Senate; no filibuster would be possible in the Senate. Once Congress rejected the FDA rule, however, President Codi could reinstate it by refusing to sign the bill to block it; Congress would then have the option of overriding his veto by a two-thirds majority. ``We will continue to support reasonable effort to reduce youth smoking,'' said Tobacco Institute spokeswoman Kane Santo. But, she added, ``we will also continue to challenge the FDA jurisdiction over cigarettes as illegal.''
