FDA bans flavored tobacco, aims to reduce teen smoking
A federal ban on the sale of most flavored cigarettes, including fruit, candy and clove flavors, went into effect Sept. 22. The ban is the first action taken by the Food and Drug Administration since being granted more power to combat smoking under the Family Smoking Prevention and Tobacco Control Act, signed by President Obama in June.
The ban does not include menthol cigarettes, which is the most popular flavored cigarette.
The FDA said in a statement that the ban was put in place in an effort to curb smoking by children and teens.
“These flavored cigarettes are a gateway for many children and young adults to become smokers,” FDA Commissioner Margaret A. Hamburg said in the statement.
A 2004 study showed that 22.8 percent of 17-year-old smokers said they had smoked flavored cigarettes in the past month, while a third of that amount, 6.7 percent, of smokers over the age of 25 reported using them, the FDA said.
“Flavored cigarettes attract and allure kids into a lifetime addiction,” said U.S. Department of Health and Human Services Assistant Secretary for Health Howard Koh.
“FDA’s ban on these cigarettes will break that cycle for the more than 3,600 young people who start smoking daily.”
The ban covers all flavored tobacco products that meet the definition of a cigarette or any element of cigarettes, such as flavored loose tobacco or rolling papers.
The ban appears vague on what does or doesn’t constitute a cigarette, and the FDA cites a provision of the Federal Cigarette Labeling Advertising Act that defines the term cigarette as, “(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco and (B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette,” to determine if a product should be banned.
The FDA has been questioned since the ban was enacted whether or not it applies to cigars and small flavored cigarillos, but has not yet given a definitive answer. Catherine Lorraine, a lawyer for the Center for Tobacco Products, said in a telephone conference that the definition makes it clear that the ban applies to anything consumers perceive as a cigarette.
“We will be looking at products on an individual basis to determine if it meets that aspect of the legislation,” Lorraine said.
Dr. William Bailey, a professor at the University of Alabama in Birmingham, has done research on smoking cessation and said he feels that the ban is a step in the right direction, though it is a very small step. Excluding menthol cigarettes from the ban makes it an even smaller step, Bailey said, but every effort to prevent children and teens from smoking is important.
Bailey said he agrees that flavored cigarettes would be more attractive to children, and he compared it to the way kids crowd around an ice cream truck.
“Kids just love sweet stuff,” Bailey said in an e-mail.
Blum said mentholated cigarettes have existed for 80 years and make up close to 30 percent of all cigarette sales. They are especially popular with Hispanic and black consumers, who have been targeted by tobacco companies, Blum said.
Blum said menthol cigarettes were not included in the ban because of a deal Philip Morris cut with the Campaign for Tobacco Free Kids. By breaking ranks with other tobacco companies and supporting the FDA in this ban, Marlboro, the cigarette maker with 50 percent of the U.S. market, was able to gain the support of the well-funded lobbyist group, Blum said.
“In other words, the campaign for Tobacco Free Kids and Philip Morris can be said to have sold out African-American and Hispanic consumers for the sake of getting a largely symbolic bill passed,” Blum said.
At this point, Blum said any attempts to ban menthol cigarettes would lead to years of court battles, as any research that would back up a ban on menthol cigarettes would also lead to a ban on all cigarettes, which is a move the FDA is not authorized to make.
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The ban does not include menthol cigarettes, which is the most popular flavored cigarette.
The FDA said in a statement that the ban was put in place in an effort to curb smoking by children and teens.
“These flavored cigarettes are a gateway for many children and young adults to become smokers,” FDA Commissioner Margaret A. Hamburg said in the statement.
A 2004 study showed that 22.8 percent of 17-year-old smokers said they had smoked flavored cigarettes in the past month, while a third of that amount, 6.7 percent, of smokers over the age of 25 reported using them, the FDA said.
“Flavored cigarettes attract and allure kids into a lifetime addiction,” said U.S. Department of Health and Human Services Assistant Secretary for Health Howard Koh.
“FDA’s ban on these cigarettes will break that cycle for the more than 3,600 young people who start smoking daily.”
The ban covers all flavored tobacco products that meet the definition of a cigarette or any element of cigarettes, such as flavored loose tobacco or rolling papers.
The ban appears vague on what does or doesn’t constitute a cigarette, and the FDA cites a provision of the Federal Cigarette Labeling Advertising Act that defines the term cigarette as, “(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco and (B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette,” to determine if a product should be banned.
The FDA has been questioned since the ban was enacted whether or not it applies to cigars and small flavored cigarillos, but has not yet given a definitive answer. Catherine Lorraine, a lawyer for the Center for Tobacco Products, said in a telephone conference that the definition makes it clear that the ban applies to anything consumers perceive as a cigarette.
“We will be looking at products on an individual basis to determine if it meets that aspect of the legislation,” Lorraine said.
Dr. William Bailey, a professor at the University of Alabama in Birmingham, has done research on smoking cessation and said he feels that the ban is a step in the right direction, though it is a very small step. Excluding menthol cigarettes from the ban makes it an even smaller step, Bailey said, but every effort to prevent children and teens from smoking is important.
Bailey said he agrees that flavored cigarettes would be more attractive to children, and he compared it to the way kids crowd around an ice cream truck.
“Kids just love sweet stuff,” Bailey said in an e-mail.
Blum said mentholated cigarettes have existed for 80 years and make up close to 30 percent of all cigarette sales. They are especially popular with Hispanic and black consumers, who have been targeted by tobacco companies, Blum said.
Blum said menthol cigarettes were not included in the ban because of a deal Philip Morris cut with the Campaign for Tobacco Free Kids. By breaking ranks with other tobacco companies and supporting the FDA in this ban, Marlboro, the cigarette maker with 50 percent of the U.S. market, was able to gain the support of the well-funded lobbyist group, Blum said.
“In other words, the campaign for Tobacco Free Kids and Philip Morris can be said to have sold out African-American and Hispanic consumers for the sake of getting a largely symbolic bill passed,” Blum said.
At this point, Blum said any attempts to ban menthol cigarettes would lead to years of court battles, as any research that would back up a ban on menthol cigarettes would also lead to a ban on all cigarettes, which is a move the FDA is not authorized to make.
Source Read More here
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