Congress backs plan for FDA to regulate tobacco

WASHINGTON - The $89- billion-a-year US tobacco industry would be regulated by the Food and Drug Administration for the first time under a measure the House passed yesterday amid threats of a presidential veto.

The House voted 326 to 102 for the Family Smoking Prevention and Tobacco Control Act, backed by public health groups and Philip Morris USA, the nation's biggest tobacco maker. A similar bill awaits Senate action. The Bush administration opposes the measure, saying it would undermine the FDA's credibility.

The proposal includes a compromise sought by Philip Morris that would allow for continued sale of menthol cigarettes, more than a quarter of the market, while banning other flavors. Critics say this discriminates against blacks, the predominant menthol users.

The bill would have the FDA regulate tobacco ingredients, advertising, and the introduction of new products, while not letting the agency ban tobacco entirely. Fees paid by tobacco makers would pay for the oversight.

Regulating tobacco runs counter to the agency's mission of protecting public health, because the products are inherently harmful, Health and Human Services Secretary Michael Leavitt and FDA Commissioner Andrew von Eschenbach have said. The administration said President Bush's advisers would recommend he veto the bill.

Reynolds American Inc., the second-biggest US tobacco company, and Lorillard Inc., whose Newport brand is the nation's top-selling menthol cigarette, oppose FDA regulation, even with the menthol allowance. They say marketing restrictions would lock in the leading market share for Philip Morris, maker of Marlboro cigarettes.

The debate over menthol may doom the legislation, which failed in 2000, 2002, 2004, and 2005, said David Adelman, a tobacco analyst at Morgan Stanley in New York, in a June 5 note to clients.