Change Comes To Washington: Federal Government Enacts Strong Tobacco Control Measures

For the first time in years, the federal government took major and meaningful steps to reduce the terrible burden caused by tobacco use. In the first half of 2009, Congress finally gave the U.S. Food and Drug Administration (FDA) authority to regulate tobacco products and increased the federal cigarette excise tax. More recently, the U.S. House of Representives passed health care reform legislation that could expand tobacco cessation coverage under Medicaid, Medicare and private insurance. Cessation treatments are designed to help smokers quit.

"I also know that kids today don't just start smoking for no reason. They're aggressively targeted as customers by the tobacco industry. They're exposed to a constant and insidious barrage of advertising where they live, where they learn, and where they play. Most insidiously, they are offered products with flavorings that mask the taste of tobacco and make it even more tempting."
— President Barack Obama,
June 22, 2009.  

FDA Wins Authority to Regulate Tobacco

After more than a decade of debate and struggle, Congress passed long overdue legislation for FDA regulation of tobacco products. President Barack Obama signed the Family Smoking Prevention and Tobacco Control Act into law on June 22, 2009. This law at long last gives the FDA authority over tobacco products, including how the tobacco companies are allowed to market, manufacture and sell their deadly goods. Parts of the law have already taken effect, and other parts of the law will take effect over the next several years. On September 22, candy- and fruit-flavored cigarettes were removed from store shelves across the nation—taking away one of the industry's favorite tools to hook kids. Although the new law is not the panacea, it is a critical piece of the puzzle for reducing death and disease caused by tobacco use in the U.S.

Congress Increases Federal Tobacco Tax

"We know from decades of experience that the tobacco companies are not inclined to follow the law. They do not have a history of being forthcoming with the health information in their possession. [This year], the U.S. Court of Appeals for the District of Columbia [affirmed] that the tobacco companies were guilty of  "…a decades-long conspiracy to deceive the American public about the health effects and addictiveness of smoking cigarettes.''
— President Barack Obama,
June 22, 2009.

In February 2009, Congress passed a 62-cent increase in the federal cigarette tax, which will be used to fund the Children's Health Insurance Program (CHIP). This bipartisan measure was truly a win-win for lung health. The significant increase in the cigarette tax will help curb youth smoking rates. Each 10 percent increase in the price of a pack of cigarettes has been shown to reduce youth smoking by about seven percent.4 In addition, thanks to the revenue from this increase, an estimated 4 million uninsured children now have their medical care covered by insurance. Studies show that children with asthma who were enrolled in CHIP had fewer asthma attacks and needed fewer medical visits. Congress also wisely increased taxes on some other tobacco products to encourage smokers to quit using tobacco and not simply switch to less expensive products.

Federal Smokefree Workplaces Expand

Despite tremendous expansion of smokefree workplaces and public places nationwide, thousands of federal workers still are potentially exposed to secondhand smoke at work. In June, the federal government's General Services Administration (GSA) implemented a policy prohibiting smoking in all GSA-controlled buildings and work sites. However, GSA controls only about 30 percent of all federal workplaces, according to the Congressional Research Service. The American Lung Association has called on President Obama to issue an executive order prohibiting smoking in all federal workplaces to ensure a safe and healthy work environment.

Court Affirms Tobacco Companies Are "Racketeers"

A report issued in June by the International Consortium of Investigative Journalists found six international terrorist organizations including al-Qaeda, the Taliban, the Real Irish Republican Army and the Revolutionary Armed Forces of Columbia, are using proceeds from tobacco smuggling to fund their activities.5 Because the U.S. has not yet ratified the Framework Convention on Tobacco Control treaty, it is unable to participate in international discussions to reduce smuggled cigarettes—impacting not just the nation’s public health, but also U.S. national security.

In May, the U.S. Court of Appeals for the District of Columbia upheld a landmark ruling that the major tobacco companies perpetuated a 50-year campaign of fraud and deception against the American public. This verdict, which forever branded the tobacco companies as racketeers, was unanimously upheld by a 3-judge panel, that also found a substantial likelihood the tobacco companies would continue to violate the law in the future. The American Lung Association is a party in the case and sought additional remedies to prevent the tobacco companies from continuing their illegal actions; however, the Court of Appeals did not sanction additional remedies. It is expected that the case will ultimately be appealed to the U.S. Supreme Court.

House Passes Legislation Expanding Cessation Coverage

Notable progress on tobacco cessation coverage was made in November, when the U.S. House of Representatives approved health care reform legislation that significantly expands tobacco cessation coverage under Medicaid, Medicare and private insurance plans. As of December 15, when this report went to press, the Senate was still considering its version of health care reform legislation.

While tremendous progress was made by the federal government in the areas of product regulation and increasing the federal tobacco tax, it still has not taken meaningful action toward ratification of the Framework Convention on Tobacco Control (FCTC), an international public health treaty. In 2009, the Obama Administration did not submit the treaty to the Senate for ratification, despite 168 nations ratifying the treaty as of December 1, 2009. These nations represent more than 86 percent of the world's population. The failure of the U.S. to ratify the treaty means that the U.S. cannot participate in global discussions about tobacco smuggling and other international tobacco control issues.

 

4. Tauras JA, O'Malley PM, Johnston LD, "Effects of Price and Access Laws on Teenage Smoking Initiation: A National Longitudinal Analysis," Bridging the Gap Research, ImpacTeen, April 2001. Available at: http://www.impacteen.org/generalarea_PDFs/AccessLaws.pdf. 
5. International Consortium of Investigative Journalists. Tobacco, Terrorism and Illicit Trade, 29 June 2009. July 15, 2009. http://www.publicintegrity.org/investigations/tobacco.