Recent appointments to the U.S. Health and Human Services Department (HHS) and the U.S. Food and Drug Administration (FDA) may prove challenging to the effort to hold back misguided legislative attempts to put tobacco under the purview of the FDA.  Margaret Hamburg, President Obama’s choice to head up the FDA recently told Congress that she is “very comfortable moving forward” with legislation requiring that agency to regulate tobacco products.  Previous heads of that agency under the Bush Administration had expressed deep concerns over giving such broad regulatory authority to the FDA to regulate tobacco products.

In addition, William Corr, former executive director of the Campaign for Tobacco-Free Kids, was recently confirmed as the deputy secretary of HHS which includes the FDA under its purview.  Campaign for Tobacco-Free Kids is one of the primary supporters of the Waxman and Kennedy bills calling for FDA regulation of tobacco.  William Corr has also worked for Rep. Waxman previous to his lobbying on behalf of Tobacco-Free Kids.