Ranking Member Davis' Statement on the Family Smoking Prevention and Tobacco Control Act

February 15, 2007

I am pleased to be here today with Mr. Waxman and Senators Kennedy and Cornyn to announce introduction of this historic legislation.

The Family Smoking Prevention and Tobacco Control Act gives the Food and Drug Administration (FDA) comprehensive, effective authority to oversee the tobacco industry. This landmark legislation embodies a bipartisan compromise between Mr. Waxman and me -- one that's been endorsed by both the public health community and the largest cigarette manufacturer in the country. And it offers a chance for Congress to address this important issue in a reasonable, fair and effective manner. I want to congratulate the Campaign for Tobacco-Free Kids and Altria for working diligently, honestly and forthrightly and for having the courage to break out of old patterns and support the important initiatives contained in this bill.

As the name implies, one of the primary focuses of this bill is to keep our children away from tobacco products; to protect them from being targeted by the tobacco industry, keep them from becoming addicted and keep them healthier and stronger and away from the detrimental effects of tobacco.

But the bill also seeks to help adult smokers -- by empowering the FDA to develop programs to help them quit, regulate the way that manufacturers talk about their products, and, importantly, work on ways to reduce the toxicity of tobacco products so ultimately they will cause less and less disease over time.

Specifically, the bill allows FDA to remove harmful substances from tobacco products, whether or not they are already on the market.

It codifies the marketing and access restrictions found in the 1996 FDA regulation. These restrictions will go into effect shortly after enactment of the bill and be subject to federal enforcement that has been carefully crafted to address the concerns of the retailer community.

Furthermore, the bill prohibits the use of descriptors, such as "light" and "ultralight," to ensure that consumers will not be misled by them. It also contains specific provisions designed to reduce the trade in counterfeit and other illicit tobacco products in our country, which costs governments at all levels billions of dollars per year.

The bill will not confer any competitive advantage on any tobacco manufacturer; rather, it will establish effective rules that will be applied equally to all of them. Its advertising restrictions will have to fit within the parameters of the free-speech protections offered by the First Amendment, and its rules for responsible manufacturing practices contain special provisions to ensure that companies that need extra time to comply will be able to get it.

In closing, I especially would like to thank Mr. Waxman for his hard work and leadership on this legislation. I firmly believe this legislation contains the best of the concepts each of us has pushed for many years. This bill will serve the best interests of public health and will be fair to all components of the tobacco industry.

My father died of emphysema. I am confident this legislation will help other fathers, mothers, sisters, brothers -- the 400,000 Americans who die from tobacco-related illness every year -- avoid that same fate.