Chapter 32 Political issues

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Political issues: Federal and Congress

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Strong congressional influence has enabled the tobacco industry to preempt or avoid

potential federal regulation under the Hazardous Substances Act, the Toxic

Substance Control Act, the Consumer Product Safety Act, the Food Drug and

Cosmetics Act, and the Fair Packaging and Labeling Act.

Nicotine Addiction, p. 138

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Tobacco has been exempted from every major federal health and safety law enacted

by Congress including the Consumer Product Safety Act, the Fair Labeling and

Packaging Act, the Toxic Substances Act, and the Hazardous Substances Act. The

FDA (Food and Drug Administration) regulates foods and drugs, but tobacco is not

classified as either a food or a drug, so is not subject to FDA regulation. Tobacco is

the least regulated consumer product in the U.S.

Tobacco Use: An American Crisis, p. 53 and Washington Monthly, September

1993, p. 22

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The tobacco industry has gained exemptions from all key consumer safety legislation.

Examples are: THE CONSUMER PRODUCT SAFETY ACT The term "consumer

product" does not include tobacco and tobacco products. THE FAIR PACKAGING

AND LABELING ACT "Consumer commodity" does not include any tobacco or

tobacco product. THE HAZARDOUS SUBSTANCES ACT The term "hazardous

substance" shall not apply to tobacco and tobacco products. THE TOXIC

SUBSTANCES CONTROL ACT The term "chemical substance" does not include

tobacco or any tobacco product.

Frontline (PBS television), January 3, 1995

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Monday, July 24, 2000

Page 16 of 84

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