United States

Behind the Scenes

The 111th Congress and the Obama Administration wasted little time in enacting proven tobacco control policies in 2009. In the first six months of the year, long overdue legislation giving the Food and Drug Administration (FDA) authority over tobacco products and a federal tobacco tax increase were both signed into law.

In February, a 62-cent federal cigarette tax increase was passed into law as part of the reauthorization of the Children's Health Insurance Program (CHIP). This raised the federal cigarette tax to $1.01 per pack. This increase prompted many smokers to attempt to quit. The taxes on other tobacco products, including roll-your-own, smokeless and cigars were also increased.

For 20 years, the American Lung Association advocated for passage of legislation that would grant the FDA effective authority to regulate the manufacture, distribution, and sale of tobacco products to protect the public health. On June 22, 2009, this legislation was signed into law by President Barack Obama after passing the U.S. House of Representatives (298-112) and the Senate (79-17) by wide margins.

FDA has already begun to implement this legislation. On September 22nd, a ban on candy- and fruit-flavored cigarettes took effect. The Lung Association submitted comments to the FDA on important steps the agency should take in the future to reduce tobacco use.

In June, a smokefree policy in all General Services Administration (GSA) federal buildings went into effect, protecting more federal workers from secondhand smoke exposure than ever before. However, federal employees who don't work in GSA-administered buildings are still at risk. The American Lung Association continues its campaign urging President Obama to issue an executive order prohibiting smoking in all federal workplaces.

Disappointingly, the U.S. continues to fail to help smokers quit—something that would save lives and money. Requiring comprehensive cessation coverage for Medicare and Medicaid patients was a topic of discussion during healthcare reform and it remains to be determined if these policies will be included in a final bill and whether that bill becomes law. Presently, cessation coverage is optional for state Medicaid plans, and most states do not provide some or all of the recommended cessation treatments.

The Administration has yet to submit the Framework Convention on Tobacco Control to the U.S. Senate for ratification. The Framework is the first ever public health treaty, designed to prevent the estimated 1 billion deaths the World Health Organization is predicting will come from tobacco use in this century. Since January 2009, eight additional nations have ratified the treaty—making it in effect in 168 nations. The U.S. signed the treaty in 2004 but has not yet forwarded it to the Senate for ratification.