Hearing of the Health Subcommittee of the House Energy and Commerce Committee - Examining the Implementation of the Tobacco Control Act

Hearing

Twenty years ago, this Subcommittee held a famous hearing. Seven tobacco CEOs testified at that hearing and denied that nicotine is addictive. Their denials that day galvanized the anti-smoking movement.

A lot has happened in the last 20 years. Smoking rates have dropped. Smoke-free laws have become widespread. In 2009, Congress at last passed the Family Smoking Prevention and Tobacco Control Act on a bipartisan basis.

The tobacco companies are trying to circumvent this law. The law banned the sale of candy-flavored cigarettes, so some companies started selling candy-flavored little cigars.

The law restricted the marketing of cigarettes and smokeless tobacco to kids, but companies are using the same tactics to promote e-cigarettes.

I have asked repeatedly for hearings in this Committee to examine these outrageous practices. But the Committee has refused to hold any hearings.

Today we are finally holding a hearing on the 2009 Tobacco Control Act, which I wrote. But we will be focusing on narrow issues -- like the timelines for reviewing applications submitted by tobacco companies -- not the public health issues that American families care about. And FDA is not able to testify because the Committee would not accommodate the agency's reasonable request for adequate time to prepare.

This is a missed opportunity.

In the 50 years since the first Surgeon General's report on smoking, we have made tremendous progress in reducing tobacco use. We have cut adult and youth smoking rates in half or more. We have prevented millions of premature, smoking-related deaths.

Since enactment of the Tobacco Control Act, FDA has restricted the sale and marketing of cigarettes and smokeless tobacco to youth. FDA has set standards for companies that assert their products reduce harms. And the agency has undertaken reviews of new tobacco product applications using a new public health standard -- marking the first time this industry has been regulated.

But our work is far from done. More than 480,000 Americans die each year from smoking. Each day, thousands of children try their first cigarettes. And as cigarette use has declined, we've also seen an alarming rise in the use of candy-flavored little cigars and ecigarettes by our kids. I am concerned that the use of these products by teens will lead to a
lifetime of using addictive tobacco products.

There is a long to-do list to bring an end to this country's tobacco epidemic. First, FDA must continue implementation of the Tobacco Control Act and take full advantage of its authorities. That is why I and other members have repeatedly called on FDA to issue deeming regulations that will stop companies from marketing e-cigarettes to kids and using candy-like flavors to entice our kids to smoke cigars.

Second, we must make coverage for tobacco cessation more accessible to current smokers through the Affordable Care Act.

Third, we must raise the tax on all tobacco products and close the loopholes that let companies avoid federal taxes -- like the lower tax rate for pipe tobacco.

Fourth, we must support effective public ad campaigns and tobacco control programs to discourage smoking.

And fifth, we must encourage other nations to adopt strong tobacco control measures and stop the tobacco companies from using trade agreements to challenge these policies.

We are unlikely to tackle these issues during today's hearing, so I hope this will be the first of a series of hearings into the tobacco industry's practices and our progress on tobacco control.

But I do want to thank GAO for testifying today. I appreciate Dr. Crosse sharing her expertise on FDA's implementation of the Tobacco Control Act and look forward to her testimony.

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