REGULATE NICOTINE DELIVERY

Reintroduced federal legislation to regulate tobacco is long overdue. A bill in the Senate recently offered by Sens. Edward Kennedy and John Cornyn provides a bipartisan opening for the Food and Drug Administration to do more to protect children from the harm of tobacco. The bill could further help Maine’s anti-smoking advocates achieve some of the goals they have set for this legislative session.

The Kennedy-Cornyn legislation, like a companion bill in the House, would allow the FDA to regulate tobacco advertising directed at children, allow the FDA to reduce nicotine yields and eliminate certain cigarette components. It could also require manufacturers to list all cigarette ingredients and would ban the sale of candy and fruit-flavored cigarettes. Maine was the only state to have its entire congressional delegation sign on as co-sponsors of these bills.

The proposed federal ban on candy and fruit-flavored cigarettes is of special concern to the Maine Coalition on Smoking or Health, which is urging lawmakers, through a bill sponsored by Sen. Peter Mills, to prohibit them. For good measure, that bill would also ban alcohol-flavored cigarettes. Clearly, these grape or strawberry-flavored products are aimed at introducing and addicting young people to tobacco.

Of equal interest to Maine lawmakers and apparently not covered by the federal legislation is a loophole in which what ostensibly are cigarettes are called cigars, because they have trace amounts of tobacco in their wrappers, and so escape cigarette regulation and taxation. The “little cigars,” as they are called, look like cigarettes, have cigarette filters, are sold in cigarette-like packs and also may come in child-pleasing candy flavors. Maine’s U.S. senators should investigate whether adding this provision, in a Maine state bill sponsored by Rep. John Brautigam, would strengthen the federal measure.

For more than a dozen years, since then-commissioner of the FDA, Dr. David A. Kessler, showed how Brown & Williamson Tobacco Corp. secretly developed a strain of tobacco with a nicotine level twice as high as normal, nicotine regulation by the FDA was waiting only for a more sympathetic Congress. It may have one now, not only because Americans more thoroughly accept the harmful effects of cigarettes but because Altria Group, owner of tobacco giant Philip Morris, supports the legislation.

Its detractors say Altria welcomes the burden of regulation knowing it would help stamp out smaller competition. That may or may not be the case, but it isn’t for Congress to try to control. Members of Congress should be focused on promoting protections for children and setting standards for an addictive drug.

The Supreme Court ruled several years ago that the FDA couldn’t regulate the tobacco industry without the approval of Congress. Kennedy-Cornyn gives approval that will be felt nationally and locally. Congress should pass this legislation without delay.