The U.S. Food and Drug Administration seem to be all set finally to exercise control over the tobacco industry in case if a reintroduced bill passes through Congress. The battle of conflicting interests in the tobacco industry has once again staged a come back in the U.S. Congress. However, battle line this time around is somewhat different in nature and anti-smoking forces are no longer facing a monolithic tobacco industry and loyal legislators.
Strategically, Philip Morris, Marlboro cigarettes maker USA, has support to public health advocates in favor of the bill that, for the first time, would allow the Food and Drug Administration to regulate tobacco products, but not ban them. Moreover, efforts in this direction intensified after Democrats took control of the congress this year. In the year 2000 the Supreme Court had ruled that the FDA did not have the authority to regulate the tobacco industry. If the present bill is passed in the congress it would override that precedent.
On the other hand, experts are of the view that Altria Group Inc.’s Philip Morris is protecting its dominant market share, cutting legal risks and making regulation more predictable. They further argue that it is probably paving the way for new tobacco products with less health risk. While smaller tobacco companies such as Camel and Kool cigarettes maker Reynolds American Inc., are fighting to stay firm in the market and not to be left behind by the bill, as few call it ‘Marlboro Monopoly Act’.
However, speaking about enhanced exercisable power of the FDA, the bill pending would empower it to regulate tobacco, to restrict tobacco advertising, to prevent sale of cigarettes to minors, to require stronger warning labels, to bar misrepresentation of tobacco’s dangers, and to order removal of harmful ingredients from cigarettes.
Few analysts have explicitly said that the bill will provide Philip Morris ‘a virtual monopoly’ in the current cigarette market and the company will continue to equip special protection for it. However, this argument is vehemently rejected by Philip Morris.
