Key provisions of FDA bills supported by Philip Morris
| Davis Bill (H.R. 2180) 107th Congress, 2001 | Frist Bill (S. 190) 107th Congress, 2001 | Kennedy-DeWine Bill (S. 2461) 108th Congress, 2004 | |
|---|---|---|---|
| FCLAA, Federal Cigarette Labeling and Advertising Act. | |||
| Source: http://thomas.loc.gov | |||
| Cigarettes regulated as medical devices | No | No | No |
| Descriptors (i.e. “light,” “ultra light”) | Use of descriptors in advertisements requires inclusion of disclaimer “[Brand] not shown to be less hazardous than other [type of tobacco product]” | No explicit provisions | Regulated; cigarettes using such descriptors must be registered and approved as modified risk |
| Performance standards | FDA can mandate reduction in nicotine and other constituents; only Congress can eliminate nicotine or ban cigarettes; FDA cannot render tobacco product unacceptable for adult consumption | FDA can mandate reduction in nicotine and other constituents; only Congress can eliminate nicotine or ban cigarettes; FDA cannot render tobacco product unacceptable for adult consumption | FDA can mandate reduction in nicotine and other constituents; only Congress can eliminate nicotine or ban cigarettes |
| FCLAA pre-emption | Preserved | Preserved | Preserved |
| Warning labels | 25% of front and rear of pack; text only | 25% of front and rear of pack; text only | At least 30% of front and rear of pack; may be increased to 50%. May require graphic warnings if they would promote greater public understanding of risks |
| Marketing restrictions | Prohibits targeting youth through use of cartoons and advertising in youth oriented publications | FDA may impose advertising restrictions if they would be appropriate for the prevention of, or decrease in, the use of tobacco products by youth | FDA may require restrictions on advertising and promotion (in keeping with 1st amendment) if appropriate for protection of public health |
| Approval of modified risk products | FDA must consider risks and benefits to individual and population as a whole | FDA must consider risks and benefits to individual and population as a whole | FDA must consider risks and benefits to individual and population as a whole |
| Definition of reduced risk products | Reduced risk products substantially reduce exposure to toxins or substantially reduce potential health risks | Reduced risk products substantially reduce exposure to toxins | Modified risk products reduce harm or the risk of tobacco related disease or reduce exposure to one or more substances in tobacco smoke |