The new law giving the Federal Food and Drug Administration broad new power to regulate tobacco undoubtedly is a milestone, but it almost seems anticlimactic in states such as Nebraska with smoking bans.
The new law giving the Federal Food and Drug Administration broad new power to regulate tobacco undoubtedly is a milestone, but it almost seems anticlimactic in states such as Nebraska with smoking bans.
The impact of a smoking ban is immediate, dramatic and enormously appreciated by nonsmokers who no longer encounter cigarette smoke in restaurants and bars.
The impact of the new federal law won't be noticeable. Most nonsmokers - in Nebraska and across the country, that's about eight out of every 10 people - will not be directly affected.
Primarily, the new law will affect smokers, the tobacco industry and advertising businesses.
Nonetheless, as the many advocates who have fought for the change said, the historic legislation does mean another major change in the role of tobacco in society.
It was gratifying to see Nebraska's congressional delegation in support of the measure. Voting yes on the proposal were Reps. Jeff Fortenberry and Lee Terry, and Sens. Ben Nelson and Mike Johanns. The only member on the wrong side of the issue was misguided Rep. Adrian Smith in the 3rd District.
The new law gives the FDA the authority to regulate the nicotine content and other chemicals in cigarettes. Cigarette smoke contains about 60 known carcinogens and 4,000 toxins. The law also bans most flavorings, although menthol, one of the most popular, is merely slated for further study.
Some health advocates hope the FDA will create standards that make cigarettes taste so horrible that smokers will quit in disgust.
Tight new restrictions also will go into effect. No more colorful, glamourous smoking scenes. Only black-and-white text is permitted. Starting next year, outdoor advertising of tobacco products will be illegal within 1,000 feet of schools and playgrounds. It's almost a certainty, however, that those provisions will be challenged as unconstitutional.
The Congressional Budget Office estimates the new law will reduce youth smoking about 11 percent and adult smoking by about 2 percent over the next decade.
What the law does not do is give the FDA the authority to ban smoking or nicotine.
In Lincoln, where a smoking ban went into effect in 2005, residents have become accustomed to clean air in restaurants and bars. Residents commonly remark how surprising, and offensive, it now seems to encounter smoke in restaurants and bars during travels.
It would be disappointing if congressional approval of new regulatory authority over tobacco blunted the campaign to convince states to enact smoking bans. This year, Nebraska became only the 16th state to enact a statewide workplace smoking ban. It's important for that national effort to continue.
Posted in Editorial on Sunday, June 14, 2009 12:00 am
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