US House of Representatives And Senate Pass FDA Regulatory Authority Over Tobacco Legislation. President Obama Expected To Sign Next Week We have said for months that you can not take your eyes off of the government for one second, but for one piece of legislation, you couldn't take your eyes off of it for ten years.
Today, ten years of federal debate almost came to a close. On a vote of 307-97 the US House of Representatives concurred with the Senate's vote of 79-17 passing S982 / HR1256 – The Family Smoking Prevention and Tobacco Control Act. It grants the US Food and Drug Administration sweeping authority over all tobacco products, from content and production, to advertising and distribution.
S982 / HR1256 will be on the President's desk within days. He has pledged to sign the legislation.
While the focus of the legislation is not cigars, the language and regulatory authority that it grants FDA over all tobacco products is to say the least, worrisome. It is why the actions of the agency will have to be monitored on a consistent basis.
Under the legislation, within 90 days of adoption and a signature from the President, FDA will create the “Center for Tobacco Products” within the agency, and will report to the Commissioner for Food and Drugs. The center will be responsible for implementing the legislation. FDA is under the Office of the Secretary of Health and Human Services. It is interesting to note that in the opening preamble to the legislation, it states that the Secretary can not “ban little cigars, or all other cigars.”
It's the chain of command within the Administration that is also of concern. As mentioned, FDA is under the Secretary of Health and Human Services (HHS). We have previously informed you that the Deputy Secretary of HHS is Bill Corr. Mr. Corr was previously executive director of Campaign for Tobacco Free Kids. Well, we know where he stands. Then, the President appointed Dr. Margaret Hamburg as Commissioner of the US Food and Drug Administration, where one of her previous claims to fame was serving as Health Commissioner for New York City , and advocating the smoking ban ordinance in effect today. Then as Deputy Commissioner of FDA, the President appointed Dr. Joshua Sharfstein.
Now here's an interesting story.
Dr. Sharfstein was formally Health Commissioner for the City of Baltimore, Maryland, who like Dr. Hamburg , spearheaded the Baltimore and Maryland sweeping smoking ban legislation. Oh, but the plot thickens.
According to the Wall Street Journal, Dr. Sharfstein was supported for appointment as FDA Deputy Director by none other than the chief patron of the House version of this legislation, Congressman Henry Waxman of California . Why? Because Dr. Sharfstein was previously an investigator for Congressman Waxman's Government Reform and Oversight Committee. The circle is complete.
But let's throw in one more twist.
This week the President's appointee to head the Centers for Disease Control (CDC), Dr. Thomas Frieden, travels to his new job in Atlanta . Dubbed “Dr. Buttinsky” by the New York Post, Dr. Frieden is noted for his implementation of the New York City smoking ban as their most recent Health Commissioner, and then going after trans-fat in cooking. He has listed smoking as “the nation's number one health issue,” in public statements. The CDC is one of the most cited agencies for smoking "statistics" in the nation by proponents of further regulation.
So now, we have Corr , Hamburg , Sharfstein, and Frieden at the top of the Administration – all being unapologetic anti-tobacco zealots. Then we get FDA regulation of all tobacco products, where the rules of the legislation have yet to be written. Let's top it off with SCHIP and a $3 million campaign by the Cancer Action Network, political arm of the American Cancer Society to press for another round of federal tobacco taxes to fund national health care reform.
Fellow CRA members, that's why this organization exists. We have to watch. We have to offer alternatives. We have to voice our opposition to every representative in government that we have.
Every one of you has a Congressman and two US Senators. How did they vote? Please see the links above and find out. Call them. Tell them we're watching and remembering every vote and every government action as it impacts the premium hand-made cigar industry.
Ask them why is it so important to attack one of life's simple pleasures, which has offered solace to enthusiasts from John Adams to John F. Kennedy – from Winston Churchill to Gerald Ford [who unapologetically smoked in the White House.]
It's time to act.CRA Needs Your Help! In order to be successful in our fight to enjoy cigars without the threat of smoking bans and high taxation, CRA needs your help. Please consider partnering with CRA through two important methods:
Membership:
There is strength in numbers! The more members CRA has, the greater voice we have at all levels of legislature. Please help CRA by asking your fellow cigar enthusiasts to join CRA today! Membership starts as low as $35/year.
Donate:
Our fight around the country is very expensive. We would like to ask all CRA members and cigar enthusiasts to consider making a donation to CRA in any amount you choose.
There are three easy ways to donate to CRA:
Online
Please visit: www.cigarrights.org/donate.htm
By Fax
Please download the
CRA Donation Form and fax it to (818) 541-6865
By Mail
Please download the CRA Donation Form and mail it to:
5105 E. Los Angeles Avenue, Suite 155
Simi Valley, CA 93063
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