The Federal Government Marches Forward

While the states continue to lose ground to the tobacco industry, the Obama Administration continues to move forward in implementing strong and effective measures to reduce tobacco use in the United States.

The U.S. Food and Drug Administration is proceeding with the implementation of the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act).
- On March 18, 2011, the Tobacco Products Scientific Advisory Committee released its report on menthol cigarettes, a statutory requirement in the Tobacco Control Act. The Committee’s voting members unanimously recommended that the removal of menthol cigarettes from the marketplace “would benefit public health in the United States.” The American Lung Association and our public health partners issued a statement strongly supporting the Committee’s conclusion, and urging FDA to move forward with its recommendations.
- In June of 2011, FDA released the final images of the nine graphic warning labels required to appear on the top half of the front and back of all cigarette packs scheduled for the fall of 2012. The American Lung Association strongly supports these new labels. However, in November, a federal court judge sided with the tobacco industry by issuing a preliminary injunction against FDA which may delay the warning labels appearing on cigarette packs. The Obama Administration has appealed that decision. The American Lung Association has urged the federal government to fight back against the industry’s efforts to derail the warning labels.
On January 1, 2011, a new comprehensive tobacco cessation benefit for all federal employees and their families was implemented through the Federal Employees Health Benefits (FEHB) Plan. This new benefit is comprehensive, based on the U.S. Public Health Services guideline, Treating Tobacco Use and Dependence. It is the model for all other federal and state cessation benefits.
In June, the Department of Health and Human Services (HHS) announced the next step in implementing its strategic plan, Ending the Tobacco Epidemic: on July 1, 2011, all HHS properties were made tobacco-free. In the announcement, HHS also included information for employees on where they can get assistance in ending their addiction to tobacco products.
Also in June, the Centers for Medicare and Medicaid Services (CMS) announced that it will partially reimburse states for tobacco cessation counseling services provided to Medicaid recipients through state quitlines. The American Lung Association recognizes this decision as a tremendous step forward, and one that should also help states prepare for the increase in calls to quitlines when graphic warning labels appear on cigarette packs.
Despite legal threats, the implementation of tobacco- and prevention-specific provisions of the Affordable Care Act (ACA) are proceeding. If implemented fully, these provisions in ACA would provide a historic opportunity to reduce tobacco-caused death and disease.
- In December, HHS announced that it will allow states to determine their own quit smoking coverage, rather than requiring one national benefit as part of the state exchanges created by ACA. The American Lung Association had urged HHS to require a specific and comprehensive tobacco cessation benefit so there is one standard for all smokers who want to quit. The state exchanges will cover millions of low-income Americans starting in 2014, many of whom smoke.
- The Prevention and Public Health Fund was established as part of the Affordable Care Act to furnish vital resources for public health and wellness programs. There is real danger that the funds will be redirected for purposes other than what the law intended. The Obama Administration has proposed using $25 million of the Fund to increase and enhance state quitline resources leading up to the nationwide quitline number that will appear on cigarette packs. Prevention fund dollars are also being used for Community Transformation Grants, which fund community-based programs to reduce chronic diseases. The American Lung Association is the recipient of a nationwide transformation grant.