Jeff Bingaman United States Senator from New Mexico

WASHINGTON- U.S. Senator Jeff Bingaman today voted to approve legislation empowering the Food and Drug Administration (FDA) to regulate tobacco products.   The measure passed 79-17.

Among other things, the bipartisan legislation would give the FDA authority to make tobacco products less toxic for those who continue to use them and prevent the tobacco industry from misleading the public about the dangers of smoking.  The measure also would help smokers overcome their addiction. 

“Tobacco products are the root cause of several life-threatening diseases, yet the Food and Drug Administration has never had the authority to oversee the tobacco industry,” Bingaman said.  “This legislation will finally empower the FDA to regulate tobacco products, just as it has the authority to regulate the safety of our food supplies and pharmaceuticals.”

Bingaman said he is particularly pleased that the bill will crack down on the sale of tobacco to young people.  It is illegal to sell cigarettes to children under 18 in nearly every state, but surveys show that those laws are rarely enforced and frequently violated.   If enacted, the bill would put an end to self-service cigarette displays and cigarette vending machine sales, while instituting real penalties for those caught selling tobacco products to children.

The bill also would empower the FDA to prevent industry advertising designed to appeal to children wherever it will be seen by children.  The tobacco industry currently spends more than $13 billion a year to promote its products, a significant portion of which is spent in ways designed to tempt children to start smoking.

Finally, the bill would establish a “user fee” on tobacco product manufacturers and importers; funds raised would cover the entire cost to the FDA for the regulation of tobacco products.

The bill must be reconciled with the slightly different version passed by the House of Representatives before it can be sent to the White House for signature.