AWMA Opposes Legislation (S. 625 & HR 1108) Giving Regulatory Authority over Tobacco Products to the Food and Drug Administration (FDA).
AWMA opposes S. 625 introduced by Sen. Kennedy (D-MA) and HR 1108 introduced by Rep. Waxman (D-CA) because the bill gives unprecedented authority to the FDA to regulate the sale, marketing, distribution and manufacture of tobacco products in the U.S.
These bills give overly broad authority to the FDA and even the chief of the FDA has expressed his opposition to this measure indicating that that agency is ill-suited to police the already heavily regulated tobacco industry.
These bills give the FDA authority to dramatically reduce the amount of nicotine in cigarettes which could significantly affect consumer acceptability of tobacco products thus jeopardizing the entire category at both the retail and wholesale level.
In addition, the bills would allow for numerous and continuous product design changes as well as marketing and advertising restrictions that would work a hardship on distributors. And, a lack of federal pre-emption language over marketing and advertising provisions means that states could adopt even more stringent laws creating a patchwork of different regulations nationwide.
AWMA is concerned over the seeming rush to adopt legislation on this issue that is extremely complicated and deserves careful, objective deliberation – not just political posturing.
Many of our Association members have small, family-owned businesses and the burdensome recordkeeping requirements and regulations that would result from this legislation would work a tremendous hardship on them with little, or no real benefit.
There are real concerns that this legislation could create a "back door" ban on tobacco products through these onerous restrictions on the approval, sale, distribution, advertising and promotion of these products. Tobacco is a legal and important product that our members distribute to convenience stores.
Our members understand they have a very serious responsibility to ensure this age-restricted product stays out of the hands of minors. And, our members employ a variety of effective methods – including firm company policies, employee training and signage – to ensure this product does not get into the hands of minors.
The impact of this legislation would severely curtail the livelihoods of many law-abiding, small business owners across the country by imposing costly layers of regulation and significantly curtailing the availability of a legal product that is important to the economic viability of these companies.
