Highlights: United States

Significant progress was again made in 2001 at the federal level with more measures aimed at reducing tobacco use moving forward - despite repeated attacks from the tobacco industry and even some members of Congress.

The U.S. Food and Drug Administration (FDA) proceeded with the implementation of the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act). In March, the Tobacco Products Scientific Advisory Committee released its report on menthol cigarettes as required. The Committee’s voting members unanimously recommended that menthol cigarettes be removed from the marketplace to protect public health. The American Lung Association has endorsed this conclusion.

In June, FDA unveiled the final nine graphic warning label images required to appear on the top half of the front and back of all cigarette packs scheduled in fall 2012. At the urging of the Lung Association and our partners, these graphic warning labels will also include the nationwide toll free tobacco quitline phone number, 1 800 QUIT NOW. This will increase access to a proven way to help smokers quit.

However, the tobacco industry and some members of Congress launched major attacks on FDA and the Tobacco Control Act. In June, Rep. Denny Rehberg (R-MT) and Rep. Cliff Stearns (R-FL) offered amendments to FDA’s appropriations bill that would have gutted the FDA’s ability to require changes to existing tobacco products, including prohibiting menthol in cigarettes, and cut FDA’s tobacco center funding by more than 80 percent respectively. Both amendments were thankfully not included in the final bill passed by the U.S. House of Representatives.

Legislation was also introduced in both the House (H.R. 1639) and Senate (S. 1461) that would repeal FDA’s authority to regulate large cigars. The Lung Association came out in strong opposition to both bills. The tobacco industry also filed lawsuits against the Tobacco Control Act overall and the new graphic warning labels specifically. A preliminary injunction against FDA has been issued by a federal district court judge in the warning label lawsuit, which the federal government appealed. A mostly favorable decision in the overall Tobacco Control Act lawsuit has been appealed to the U.S. Court of Appeals for the District of Columbia.

With one notable exception, the Obama Administration continued its efforts to expand federal cessation benefits. In January, it unveiled a new comprehensive tobacco cessation benefit for all federal employees and their families through the Federal Employees Health Benefits (FEHB) Plan, which provides a model for all other federal and state cessation benefits. In June, the Centers for Medicare and Medicaid Services (CMS) announced that it will allow states to receive federal matching dollars for tobacco cessation counseling services provided to Medicaid recipients through the state’s quitline. And the Department of Defense released its proposal to cover smoking cessation treatment through TRICARE, the healthcare program for members of the military and their families. Through implementation of the Affordable Care Act, the Administration had an opportunity to help millions of low-income Americans get help to quit smoking by requiring that a comprehensive cessation benefit be required as part of an essential health benefit. Sadly, that opportunity was lost when Health and Human Services Secretary Kathleen Sebelius announced they were leaving coverage decisions up to the states, which are already failing to help smokers quit.