Continued FDA Tobacco Powers Urged

The co-chairmen of the Congressional Task Force on Tobacco and Health urged President Clinton on Tuesday not to strip the Food and Drug Administration of any of its new regulatory powers over tobacco products as part of any future “global settlement” of tobacco litigation.

Congressmen Martin Meehan (D-Mass.) and James V. Hansen (R-Utah) acted in response to a recent National Journal interview in which White House Deputy Counsel Bruce R. Lindsey suggested that the Clinton administration might agree to limits on how much control the FDA would have over the tobacco industry as part of a settlement.

“We believe that any such negotiations involving tobacco litigation and regulation should not sacrifice the Food and Drug Administration’s jurisdiction over nicotine-containing tobacco products,” the congressmen said in a letter to the president.

Last year, in a historic move, the Clinton administration declared that the FDA has the right to regulate certain activities of the $50-billion-a-year tobacco industry, imposing restrictions designed to curb the appeal of cigarettes to youths. The cigarette companies sued immediately, challenging the FDA’s right to regulate them in a lawsuit that’s now pending in a North Carolina federal court.

While praising Clinton’s past efforts, Meehan and Hansen, who head the bipartisan, 75-member congressional group, also urged the president to oppose any settlement that “fails to provide monetary compensation that is fully commensurate with the real damage caused by tobacco products.”

And they told the president they “would strongly oppose” any deal that gave the industry blanket immunity from future suits. Such immunity is considered a key point if the cigarette companies are to accept any deal.

Leaders of several major public health organizations have expressed skepticism about the advisability of a global settlement at this time and in particular have said they were opposed to any blanket award of immunity or scaling back of FDA jurisdiction.

The Meehan-Hansen letter comes on the heels of a similar “Dear Colleague” letter circulated late last week by six Democratic senators, including Sen. Edward M. Kennedy (D-Mass.) and longtime tobacco foe Richard J. Durbin (D-Ill.).

“We urge you to maintain a healthy skepticism about any proposed legislative settlement of legal claims against the tobacco companies,” the senators’ letter states, stressing that a deal could undercut the efforts of 22 attorneys general who have sued the industry to recover smoking-related health costs. “We hope you will resist efforts to bail out the tobacco industry in Congress,” the letter concludes.

On Tuesday, Alaska became the latest state to join in suing tobacco makers in an effort to recover medical costs.

Reports have been circulating periodically since late last summer about negotiations for a global settlement, and in recent months some industry executives have indicated sympathy for the idea. Last week, Lindsey told the National Journal that prospects for such a settlement would be greater if it could be consummated before July 7, when Mississippi’s massive suit against the industry is scheduled to go to trial.

White House spokeswoman April Mellody said only that the administration appreciated the congressmen’s past support and “we welcome their input on this issue.”