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FDA Legislative Alert on Waxman and Buyer/McIntyre H.R. Bills

By Tim McKinney, NATO Legislative Staff

Last week, the U.S. House and Energy Committee passed Representative Henry Waxman's bill known as H.R. 1256 to grant the U.S. Food and Drug Administration broad and sweeping powers to regulate the manufacturing, distributing and retailing of tobacco products. However, a competing bill has been introduced by Representative Steve Buyer (R-Indiana) (pronounced "booyer") and Representative Mike McIntyre (D-North Carolina) know as H.R. 1261 which, while still regulating tobacco products, does not include many of the restrictive retail and wholesale regulations contained in Waxman's bill.

While NATO has continued to oppose the regulation of tobacco products by the federal government, the election of both President Obama and larger Democratic majorities in the U.S. Senate and the U.S. House of Representatives increases the likelihood that some kind of tobacco regulation bill may be passed by Congress. Representative Henry Waxman (D-California) is the author of House Bill H.R. 1256 to grant the U.S. Food and Drug Administration broad powers to regulate tobacco manufacturers, distributors and retailers.  However, Representative Steve Buyer (R-Indiana) (pronounced "booyer") and Representative Mike McIntyre (D-North Carolina) have introduced House Bill HR 1261 which, while still regulating tobacco products, does not include many of the restrictive retail and wholesale regulations contained in Waxman's bill.  Below is a brief comparison of major provisions of the bills:

Waxman H.R. 1256 Bill
> Grants FDA broad authority over tobacco  products to protect the public health
> Bans all color advertising at retail
> Allows states to impose fines/penalties on retailers for sales of tobacco products to minors
> Bans flavored cigarettes
> Imposes user fee on manufacturers to fund FDA regulation totaling $7.6 billion over 10 years.

Buyer/McIntyre H.R. 1261 Bill
> Creates a Tobacco Harm Reduction Agency in the Department of Health and Human Services; no regulation of tobacco products by the FDA
> Does not ban color advertising; Blue Ribbon Panel makes ad recommendations to Congress.
> Requires states to enact laws making it illegal for minors to buy or possess tobacco products.
> Bans candy/fruit descriptive words for cigarettes
> Funds Tobacco Reduction Harm Agency out of federal revenues; no special taxes or user fees

CALL AND URGE YOUR U.S. REPRESENTATIVE TO VOTE FOR THE BUYER/McINTYRE BILL H.R. 1261 AND OPPOSE THE WAXMAN BILL H.R. 1256!

Thank you for your help.

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