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Ever since 1994, when David Kessler, former Commissioner of the United States Food and Drug Administration, declared nicotine as a drug, the FDA has sought control over the substance. Tobacco giants challenged the FDA in Supreme Court in 1995, and the court finally made a ruling in 2000, stating that only congress had the power to give FDA oversight over Tobacco. It wasn't until 2007 when the Family Smoking Prevention and Tobacco Control Act made it to congress. From it's inception the bill has faced opposition within the FDA.

Acting Commissioner of the FDA, Dr. Andrew C. von Eschenbach, feared that bringing tobacco regulation under the control of the FDA, which usually deals with beneificial drugs, would mislead consumers and possibly even promote tobacco as being safe and healthy. With the third incarnation of the bill finally passing in a decisive victory in the House of Representatives in Apr, it is becoming clear that Dr. von Eschenbach was wrong. If signed into law, the bill would give the FDA power to regulate nicotine levels and abolish marketing terms such as light and mild. Although it does not allow the FDA to ban nicotine products.

Congressman Henry Waxman, chairman of the House Energy and Commerce Committee, remarked at the bills passing, "This is truly a historic day in the fight against tobacco, and I am proud that we have taken such decisive action." Rep. Waxman has been a supporter of the bill since it's inception and has been working with Senator John Kerry to finally bring this bill into law. The last time the bill passed the House in 2008, it ended up with a short life in the Senate when former President George W. Bush vowed to veto the bill if it were to pass. With a new president in office who has had his own tobacco addiction problems there is now hope the bill will not face the same fate.

Tobacco giant Philip Morris, who originally fought agaisnt the FDA in the 2000 Supreme Court ruling is now backing the bill. But Senators from tobacco producing states are already beginning to threaten a fillabuster. Their reasons for this are simple, its all about money. The Congressional Budget Office and the Joint Committee on Taxation estimate the bill will cost the tobacco industry $235 million in 2009 and more than $500 million a year after 2013. The report also notes a drop in state and local government revenues, stating that, "The amount of tax revenues and settlement funds collected by state and local governments would decline as a result of the federal regulations authorized by this legislation because of lower consumption of tobacco products."

Aside from costing the tobacco industry money, the CBO and JCT estimate the federal government will save $5 million a year due to lower smoking rates. The signing of the Family Smoking Prevention and Tobacco Control Act into law is paramount in order for the United States to usher in a new era of healthier lifestyles. Although much of the opposition favors education over FDA regulation, it has already been proven that education alone cannot solve the many issues facing the tobacco industry and the health of our citizens.

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