Senate Clears Udall-Backed Bill to Rein in Tobacco Industry

WASHINGTON - U.S. Senator Tom Udall, D-N.M., today hailed Senate passage of the Family Smoking Prevention and Tobacco Control Act, legislation which allows the Food and Drug Administration (FDA) to regulate tobacco products. Udall, a long-time advocate of such legislation who last week urged his Senate colleagues to support the measure, called the passage a critical step in protecting the health of America's children and families.

"I do not understand why the FDA can regulate Tylenol, but it cannot regulate one of the most deadly substances that legally can be sold for consumption in the United States," said Udall who was presiding over Senate when the measure passed. "This legislation is long overdue, and I am pleased that it has passed the Senate."

As New Mexico's Attorney General, Udall helped lead a lawsuit in 1997 that attempted to recoup smoking-related costs for the state's Medicaid program. New Mexico and 45 other states settled that lawsuit in 1998 for more than $200 billion and an agreement by most large tobacco companies to stop marketing to children and to abide by certain other restrictions. That master settlement agreement is the largest in U.S. history.

"I have been fighting against tobacco industry wrongdoing for more than a decade," said Udall, "and the companies have shown again and again that they will evade and violate court orders if it benefits their bottom line. I know that nothing can substitute for effective federal regulation to help protect American children and families, and today we are one step closer to that goal."

The FDA currently has authority to regulate tobacco cessation devices. It has extensive experience controlling ingredients in food and medicines and in monitoring marketing practices.

"The FDA will not end smoking, but it will lessen smoking-related health problems," said Udall. "We can stop tobacco companies from adding ingredients that make their products more addictive and more deadly. And we can stop tobacco companies from marketing to our children."

According to the Campaign for Tobacco Free Kids, tobacco has taken a toll on New Mexico. For example:

· Nearly one quarter (24.2 percent) of New Mexico high school students smoke.
· 7,700 New Mexico kids smoke their first cigarette every year.
· 103,000 New Mexico kids are exposed to second hand smoke at home.
· 2,100 New Mexicans die each year from their own smoking, and 320 New Mexico nonsmokers die from exposure to second-hand smoke.
· New Mexicans pay nearly $500 million each year in expenditures caused by tobacco use.

The tobacco industry has spent years marketing and selling their product to Americans, nearly completely unregulated. This gives the FDA the regulatory authority to curb youth smoking, help current smokers quit and stop the tobacco industry from misleading the public with their advertisements.

Specifically, the tobacco legislation authorizes the FDA to:
· Regulate Tobacco Products,
· Restrict the Sale, Distribution and Advertising of Cigarettes and Smokeless Tobacco,
· Prevent the Sale of Tobacco Products to Youth,
· Require Stronger Warning Labels,
· Stop Future Misrepresentation of Tobacco Products ,
· Remove Hazardous Ingredients in Tobacco, and
· Set Standards for "Lower Risk" Products like "Low-Tar" Cigarettes.