Published on June 22, 2009
After more than a decade of hesitations and millions spent on lobbying the interests of frightened tobacco products manufacturers, the Congress is finally decided to provide the American Food and Drug Association with the power to regulate cigarettes and other tobacco products.
The approval of tobacco ordinance will mean a huge victory for Altria Inc., the leading cigarette maker in the US and owner of Marlboro, Virginia and other famous brands, since the regulation contains strict restrictions on marketing and packaging cigarettes, what would make problematic for smaller cigarette producers to draw smokers’ attention to their products.

Altria’s principal rivals Reynolds American Inc, the maker of Camel and Lorillard Inc., the producer of Newport and Kent oppose the amendment stating it would create a huge wave of beadledom in the FDA and it would be almost impossible for tobacco industry to invent new tobacco products in order to expand business. The companies claim that the latest legislation would definitely prompt the prevalence of Philip Morris in the tobacco market as products introduced by other manufacturers would be banned. Lorillard spokesman even named the legislation as “the Marlboro Monopoly Act.”
The lower chamber of the Congress approved corresponding legislation two months ago, while the full meeting of the Senate is poised to pass it this week. The representatives of tobacco growing states and tobacco industry have been battling against the proposal since it was initially introduced in the Senate more than ten years ago. However, today with the Democrats’ majority in the Senate and House of Representatives and the strong support of the President the bill easily passed both chambers. The President’s Administration has even started to prepare a solemn signing ceremony that is likely to take place next month.
The major part of the ordinance is contributed to regulation of advertising tobacco products as it would implement restrictions on advertisements in the print media. The ordinance would also prohibit such definitions as “light” and “low tar” that could be easily found on almost a half of all cigarettes produced in America and as well ban producers of smokeless-tobacco items from advertising them as healthier alternatives to cigarettes.
Under the new legislation, cigarette makers would have to place health warnings on the half of each side of the packages. The attorneys admit that the most controversial part of the 220-page ordinance deals with various restrictions on advertising as it is the issue of the freedom of speech, so it would probably result in numerous lawsuits with cigarette industry.
After the legislation would be approved, the FDA would launch the new department that would deal with tobacco products and recruit experts from various fields of science. All the activities and tests would be sponsored special fees collected from tobacco companies. One of the key factors of this time bill’s approval is the support by Philip Morris. Their decision to back the latest ordinance rewarded with the decision not to provide the FDA with the power to ban tobacco consumption, what can be considered a victory cigarette industry. Yet, the FDA can demand reduction of the nicotine volume.
Lorillard spokesman stated that the company expressed its support to some points of the legislation. However, under the amended ordinance it would be almost impossible to introduce real reduced-risk products.