Update from the National Association of Tobacco Outlets
Released: March 6th, 2008
Vote on FDA Bill Delayed
Today, the U.S. House Subcommittee on Health met to vote on H.R. 1108, the bill that would grant the U.S. Food and Drug Administration the authority to regulate cigarettes and smokeless tobacco products. As reported by NATO Federal Legislative Director Jackie Cohen, all of the committee members were provided an opportunity to make an opening statement regarding the FDA bill. Each of the Democrats strongly supported the bill while the Republican members reaffirmed their support for reducing youth smoking, but expressed concerns that the bill’s provisions would overburden the FDA which is already facing an internal crisis due to obsolete technology and a lack of key scientific personnel.
Substitutions and Amendments
Representative Frank Pallone, the Chairman of the Subcommittee on Health, offered an amendment to substitute a new draft of the FDA legislation to take the place of the current version being considered. This new version essentially mirrors the changes that were made to the Senate FDA bill as passed by the Senate Health, Education, Labor and Pensions Committee last summer. While a number of amendments were offered by Republican members of the committee, all of these amendments were discussed and then withdrawn due to a lack of votes to pass the amendments.
A User Fee or a Tax?
During the discussion on H.R. 1108, the core issue centered around a provision in Chairman Pallone’s substitute bill that would increase a proposed user fee on cigarette and smokeless tobacco manufacturers over a ten year time period in an amount to be set by the Congressional Budget Office. This user fee is supposed to pay for the costs that the FDA would incur to administer and enforce the tobacco regulations. However, the Republican committee members argued that the user fee was really a tax in an undetermined amount and for that reason the bill would need to be considered by the House Ways and Means Committee.
An Adjournment Without a Vote on H.R. 1108
Chairman Pallone ruled that the user fee was not a tax and proceeded to continue the meeting. This ruling angered the Republican committee members and the meeting degenerated into representatives interrupting one another. Given the acrimonious environment in the meeting, the subcommittee adjourned until next Tuesday, March 11th without taking a vote on H.R. 1108.