Editors Note: The NCI announcement is of particular interest to CRE because the reviewability of the Data Quality Act was not addressed by the Ninth Circuit in ASA v. HHS; the court claimed that the thrust of the petition was being addressed in another forum—the rescheduling petition described below which has seen no movement for a nearly a decade. In Prime Time the DC Circuit found the DQA to be binding on agencies. The NCI announcement provides a basis for a reconsideration of the Ninth Circuit decision because it emphasizes that the ASA venue is the only practicable forum for the introduction of the new information.
Archive for March, 2011
The company submitted a report on the use of menthol in cigarettes to the FDA
RICHMOND, Va. – Altria Client Services on behalf of Philip Morris USA Inc. has sent the U.S. Food and Drug Administration a written report summarizing the science and evidence on the impact of the use of menthol in cigarettes on the public health. The FDA asked the tobacco industry to provide a separate report on the topic to the Tobacco Products Science Advisory Committee (TPSAC), which recently released its findings that there is scientific evidence to back up the notion that removing menthol cigarettes from the market would benefit public health in the United States. Lorillard Inc. issued its own response to the findings.
From: China Tobacco/Shandong Provincial Tobacco Monopoly Bureau
Editor’s Note: Translation courtesy of the Center for Regulatory Effectiveness
Although China’s is working to crack down on counterfeit cigarettes, the manufacturing and sale of fake smokes is a covert activity that changes location, has the strong ability to regenerate. Counterfeit cigarette cases are increasingly complex. The counterfeit cigarette trade is conducted by large organizations and results in the loss of State revenue. The high level of chemicals in counterfeit cigarettes will affect the health of people to a certain extent. If the problem of counterfeit cigarettes is not solved as soon as possible, is bound to affect the healthy and orderly development of China’s tobacco market as a whole. So, what are the harms from making and selling fake cigarettes?
By Jennifer LaRue Huget Washington Post
The federal government is contemplating banning menthol cigarettes on the grounds that they pose a substantial public-health risk.
But federally funded research published this week seems to weaken that argument.
An Food and Drug Administration prohibition on the sale of menthol cigarettes would parallel its ban on other flavored cigarettes in 2009. At issue is whether menthol cigarettes, perhaps because they may taste less harsh than others, might lure more people, particularly young ones, into smoking.
It’s not often a tobacco company gets released from government regulation without asking.
But that’s apparently what happened to Star Scientific Inc. after it asked the Food and Drug Administration to treat two versions of its smokeless, dissolvable tobacco lozenges as “modified risk” because they contain lower levels of carcinogens than other tobacco products.
A Food and Drug Administration advisory committee on Friday said banning menthol cigarettes will be a boon to public health, especially among young people and African-Americans, for whom mentholated brands are often a gateway to lifetime smoking.
But strategies that are good for public health are starting to adversely affect federal and state revenues. Raising taxes on the declining number of people who smoke has finally reached a tipping point with revenues generated by cigarette taxes starting to fall, according to government documents and data provided by the Campaign for Tobacco Free Kids. A menthol ban would accelerate the trend.
CRE applauds HHS for their compliance with their Data Quality Act (DQA) guidelines which require the agency to notify petitioners when additional time is required to complete a response to a Request for Correction. HHS expects that response to CRE’s petition will be provided by May 19, 2011.
CRE’s DQA petition may be found here.
HHS’ letter is attached below.
TPSAC Concludes: “Should FDA choose to implement a ban…FDA would need to assess the potential for contraband menthol cigarettes as required by the Act.”
The above statement is contained in the TPSAC report on menthol. CRE compliments TPSAC for its recognition of the significant impact contraband will have on increasing youth access to cigarettes, exposing smokers to unacceptably high levels of toxic metals and exposing both smokers and non-smokers to an increase in violence as a result of funding organized crime and terrorists groups.
FDA’s review should be augmented by an orderly examination of the contraband issue by academics, enforcement officials and the public. To this end, CRE has under consideration the establishment of an Interactive Public Docket (IPD) dedicated to contraband.
Shares in tobacco firm Lorillard closed up 10.6% at $87.11 after fears of a US ban on menthol cigarettes were reduced.
A report by the US Food and Drug Administration (FDA) called for more research before a decision could be taken, rather than saying a ban would help improve public health.
Lorillard owns the best-selling Newport menthol cigarette brand.
MF Global Holdings analyst Mark McMinimy said it was “very unlikely” the FDA would ban menthol cigarettes.
“If you’re calling for more research, how can you call for something like removing menthol cigarettes from the market, which seems very final?”