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House Blocks FDA Oversight of Tobacco
November 15, 2005

On March 21, 2000, the United States Supreme Court, in a 5-4 decision, affirmed that the FDA lacked jurisdiction, under the Federal Food, Drug, and Cosmetic Act (FDCA or ACT) to regulate tobacco products.

In an attempt to change this, in July the Senate voted 78 to 15 to give the FDA the power to regulate cigarettes. This was a sign of progress to health advocates across the country.

However, the when the bill passed the House of Representatives, the FDA regulation of cigarettes was no longer a part of it. This was a setback for health care advocates concerned about the widespread use of tobacco by young people.

The Senate on a voice vote Sunday again passed separate legislation establishing FDA regulation of tobacco. The House is not expected to consider the Senate bill before Congress adjourns for the year.

Regulations would mean that the FDA had control, under the FDCA, of the levels of tar, nicotine and other harmful components of tobacco products. To follow the progress of Senate and House bills related to tobacco, visit thomas.loc.gov.
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